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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15648
Experience:  Lawyer and current JAG officer.
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hey im a marine stationed in camp Fuji, a friend of mine was

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hey im a marine stationed in camp Fuji, a friend of mine was caught hoffing dust off. I was not around him at this time, another marine wrote a statement saying i have done it before and wrote four other marines too. they have already interragted us and we have all said we haven't enhaled anything. were about to talk to a an officer in an hour. i saw the officer at the px looking at the credit card stuff to see if we have boughtin it. i have bought to but not to inhale? is she aloud to use that against me? what should i do?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

Yes, she is allowed to use the fact that you've bought the item before against it. It's not conclusive evidence, but it is called circumstantial evidence.

 

If you combine the fact that you've bought the item and the fact that someone is saying that you have huffed the item, that could lead a commander or potentially a jury to believe that you did it.

 

Now, I won't say that it is strong evidence at all, but it is evidence and can be used against you to try and develop a case for use.

 

What you should do is stop talking to them. Invoke your Article 31 rights to silence. Many people that only guilty people do that, and that's simply false. When you speak with your command, they are only trying to get information out of you that is helpful to them. If you admit to anything that they can use against you, they will, even if your overall statement is that you didn't use. Their only looking for things that you say that go along with their theory and they'll ignore anything that you say that doesn't.

 

They have to prove their case, so don't help them do that by talking to them. They always have a way of getting you to admit to things that seem harmless, because they are not admissions of a crime, but in the end it works against you.

Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15648
Experience: Lawyer and current JAG officer.
Allen M., Esq. and 2 other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

I bought two cans, that I had used for my electronics, there is no witness that saw me use it its just theory like you said so I should just not talk, I really don't want to get kicked out the marine corps for something I didn't do

Expert:  Allen M., Esq. replied 1 year ago.
I certainly understand not wanting to be kicked out for something you didn't do.

I would invoke your right to silence and leave it at that. They'll likely see that they have a very weak case, when JAG explains it to the command, and they'll do nothing with it.

If they try to do anything with the information, you'll then have to be allowed to talk to a defense counsel and you can begin cooperating to the extent that the attorney recommends.

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