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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26158
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi hows it going, I am currently Contracted In the Army going

Resolved Question:

Hi how's it going, I am currently Contracted In the Army going into service as a second lieutenant upon graduation. Recently I ran into some trouble as a buddy of mine had Pot In te car, and everyone inside got charged with possesion. I have no prior offenses and upon completion of some small tasks I will have the case removed or expunged from my record. What is the likelihood of this effecting my commission and what can I do to show the Army that I made a bad decision by being In the car.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

This is an issue...can you tell me, have you disclosed this to your officer recruiter?
Customer: replied 1 year ago.
I have not told them yet, what type of consequences am I looking at? I am already contracted and the last time I've smoked was I'm high school. I attend a senior military school. If I was just in the car, but the case will be expunged at the end of a year. I have a security clearence already so is this something I can get a waiver for?
Expert:  P. Simmons replied 1 year ago.
Did you plea? Is this already done and you took a plea? Or can you still contest this?
Customer: replied 1 year ago.
No the court date is August 20th, what I got was a summons to appear to court. It is a misdemeanor offense. The cop that pulled us over said that the usual thing for first timers is that you pay a fine, take a class, and then it is expunged from your record. The car smelled bad which is why he gave it to all four of us. What was told to the cop was that everyone pitched in to purchase the Pot, but I just have my friend money for the weekend. From this information does it sound like if I got a lawyer I could win this case?
Expert:  P. Simmons replied 1 year ago.
What you describe, it may be you can win.

But understand, if you take the plea, and get expungement, it is still going to be considered a conviction. SO if you want to stay in? You need to win this. It is unlikely that they will allow you to take a commission with this incident.

And you are going to have to give this up...it will come up on the security clearance check.

So you may want to consider fighting this

They have to prove you paid for the pot.

Now...if your friends are going to testify against you? It may be that you can not win...so it will depend partially on how your friends will testify if you fight this

I have to step away for an hour...if you need more info I will respond in an hour or so

Customer: replied 1 year ago.
In the state of VA at the completion of an ASAP class it will show that a possession charge happened, but it will show that it was dismissed and after the end of the year It will show that I was never convicted . I do not think I will be able to win because the weed was in my bag so in my possession. So even if I do not smoke and was just in the car I will not be able to commission? Also the cop pulled us out of the car and asked if this belonged to everyone and because I gave money to my friends they said yes as did I because I said I gave money for the week. What would be the best course of action to be able to stay in the army? Is there any way that I can get it disclosed and nothing shows up at all?
Expert:  P. Simmons replied 1 year ago.
Sorry for the delay

There is no way to prevent the Army from seeing this. Even if it is sealed from public view, there will be an NCIC report (NCIC is the national criminal database maintained by the FBI).

If it was in your possession? And you can not beat the charge?

That makes it tough...you can certainly apply for a waiver from the Army. It may be they grant you one.

Just understand that the Army will be able to see the incident...so if you have not yet disclosed, you may want to do so. IF you fail to disclose and they see it in the security screening (background check) it could be they separate you with a less than honorable discharge

Customer: replied 1 year ago.
After doing some reaserch of my own I believe there could be a loop hole, I do not believe the Officer conducted a field test to determine if the substance was marijuana. There were two cops but do you recommend asking the judge whether or not a field test was conducted. From my understanding if it was not conducted they will likely dismiss the case.
Expert:  P. Simmons replied 1 year ago.
I recommend you work with local attorney. The judge is not going to communicate with you directly on this case. It is true that they have to prove identity of the substance. You can find out if they still have it by asking the prosecutor (through your lawyer) for it. You can start there and see what case the government and can then make a call on how to proceed

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26158
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you

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