Legal Question in Military Law in Tennessee

tennessee failed drug test for army reserve

If a solider first offence in any trouble fail a drug test for marjiuana what would be some actions taken? The solider said he would do anything to remane in the miltary.


Asked on 1/13/09, 8:18 pm

1 Answer from Attorneys

Philip D. Cave Military Law & Justice

Re: tennessee failed drug test for army reserve

1. DO NOT GIVE ANY STATEMENTS TO CID, DO NOT CONSENT TO ANY SEARCHES. It may be too late, but don't talk with them. Also, do not put any specific facts on this PUBLIC site (it's not privileged under the attorney-client privilege, even though it's a law related site).

2. Disposition will depend on the drug, the nanogram level, the persons rank, whether this is the first time in trouble, how your supervisors view you as a Soldier (good or bad), and any "confessions." Confessions are not good for the soul, they are good for CID and the prosecution. ALSO, be careful what is said to ADSAP people. The commander has access to that information.

3. I have seen, and have had, dispositions ranging from no action at all, through LOR, through Article 15, through administrative separation, through court-martial. Each case is different. Once you get feel for the answers to question 2 above you have a better idea of the potential consequences.

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Answered on 1/13/09, 9:03 pm


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