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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14131
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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In march i went under investigation by . They brought me

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In march i went under investigation by CID. They brought me to their building and put me in a room where they asked for my information and asked me number of questions. I assumed that i was heading to CID to talk to them about my roommate who smoked weed in the barracks and then later went AWOL. So, the two CID investigators took down my personal information and then asked me what i knew about my roommate and what he did. I told them everything i knew and heard. I didn't know much about what happened because i was home on pass when he decided to smoke marijuana in the room then go awol so i just told them what i heard happened from the people who were there that weekend. After i told them everything i knew about my roomate, they started to target me.
They brought a picture of a person they thought was me, but wasn't me, smoking marijuana. They showed me the picture and then they accused me being the person in the photo smoking marijuana. I knew right away when i saw the picture that it wasn't me. They accused me for hours saying that the guy in the picture smoking was me. I kept explaining how we didn't have matching skin tones, matching hair, or matching facial scars/marks. They wanted to search my room and vehicle to see if i had any matching clothing and i gave them my full permission. They also wanted me to take a polygraph and i also agreed to taking that since i knew 100% that it wasn't me.I was showing them every way that i was innocent. I also asked them when was the photo taken and they said that it was taken in August. From July thru September i was in JRTOC training in Louisiana for deployment. They searched my room and my car and they didn't find any matching clothing or drugs like i already told them. After that the two investigators left the room for a couple hours.
After waiting for so long the two investigators came in the room and admitted that i wasn't the guy in photo. They could of stopped investigating me when they realized that i was innocent but they chose not to. They took me into the room where the polygraph tests are taken. I sat down and then the investigators left. The person in charge of the polygraph came in and introduced himself. I was extremely angry and irritated at that point so i didnt say much when he asked me questions about why im here and personal questions about my life and how i grew up. He calmed me down and then explained to me whats going on. He told me that he was not a CID Investigator and that he was just in charge of the polygraph.
The guy in charge of running the polygraph tests explained to me that the two CID investigators are trying to build a case against me. He explained that the polygraph tests are a great way of showing that people are innocent and he said that they were designed for the innocent people like me. He explained to me about how tests works and what happens during the tests. He asked me if i wanted to do the polygraph and i agreed. He made the tests and he went over the questions with me. The questions were about the picture and my character. What i didn't understand is that if the two guys investigating me said that the guy in the photo smoking marijuana wasn't me, then what was the point in even doing this. We went over the test and then conducted the tests. There were a series of questions like "was i the person in the photo?", "have ever lied to anyone before?", "have i ever intentionally lied to someone?"," have i ever lied to cover/save myself?", "Was i the guy in the garage smoking in the photo?."
I took the test numerous times and then he paused and asked me what was going on because he said that i wasn't doing so well. I told him that the character questions were getting to me a little bit because i felt like there was no one in this world who hasn't lied to anyone before. I explained that to him and then we continued to further discuss about it. He was told me that he made the test real easy like this so i could i pass it with flying colors but i honestly felt like i was being set up with failure by these questions. As we continued to talk about my test results he asked me if i was the person in the photo and i told him that i know for a fact 100% that it wasn't me and i already proved it to the two investigators. He then asked me if i ever smoked marijuana while i was in the army. I told him the truth and said yes. I told him about how i was pressured to do it a year ago by my girlfriend and that i did it just to make her happy. That was the only time i have ever done it and i didn't enjoy it. He wrote down everything i told him and then he told me that he appreciated me admitting that and telling the truth.
He then made a few adjustments to the test and i took it two more times after that. I was extremely bothered and nervous while i was taking the test because i didn't know what was going to happen since i admitted that. I assumed that i would be okay since it was so long ago and that i had integrity throughout the whole investigation and did not make a single attempt to lie to anyone. He stopped me again during the testing and then asked me what was going on. I explained that i was nervous and that i was wondering about what was going to happen to me. He told me that all i need to worry about is the test and the person in the photo and that is it. I was a little bit more relieved after that and i thought that everything was going to be okay. I took the test one last time and then he left to go get the results.
He came back with the results and then made me write a sworn statement about my incident a year ago. I wrote down everything that happened and my reasoning for smoking. After i wrote my sworn statement about everything that happened, one of the investigators took me a long with them and then they took my finger prints and mugshots of me. They told me the my on post driving privileges for Fort Campbell are suspended/revoked for "Use/Possession of Marajuina ", and then they released me to commander.
Ever since then ive been thinking about my situation everyday. I feel like i was targeted and entrapped. Even though the two investigators said themselves that i wasn't the guy smoking marajuana in the photo, they continued to investigation me and try build a case against me. They could of stopped when they said i was innocent but they didn't. I felt like there was no way out of this. I was already at CID for hours and all i wanted to do was just leave. I admitted to smoking weed a year ago to guy who was in charge of running the polygraph because he made me feel like i wouldn't get in trouble and that he was there to help me. He even said that he was there to help me and that he made the polygraph test as easy as possible for me to pass and i believed him at the time. But after everything happened i felt like i was targeted and set up into a trap. Another reason i admitted to smoking weed a year ago is because i always believed in if you tell the truth then things will work a lot better for you then lying, but that back fired on me. I could've lied and said that i have never smoked before while being enlisted in the military and got away with it but i didn't because i have integrity.
They suspended my on post driving privileges for something i did a year ago. My suspension is 12 months long and i only have 5 months left in the army. Yes, they did all this to me knowing i have 5 months left in the army. I was never told of my rights when they told my that my driving privileges were revoked. I also read the regulation and it said that i'm supposed to go to an administrative hearing within 14 days to confirm my on post driving suspension. I was never informed or told to go to a hearing within those 14 days and it is now the end of april. CID or my commander is not allowed to suspend my license. The only two people who get the final word enforce a soldiers on post driving suspension are the provost Marshall and Garrison commander. When i come through the fort campbell gates with my friends and when the MP's scan my ID card to enter on post it still shows up as green. So i could be driving on and off post with POV but i don't want to risk it because i don't know whats going on and if i can drive and if they are really allowed to suspend my driving privileges. I honestly believe they cant do that for what i did because it was a year ago, i never failed a drug test, and i have so little time left in the army.
My commander is also trying to give me a company grade article 15 for what happened. They're trying to do it real soon and i have NCOS saying that they cant do that and that i need to fight at TDS and tel them my story and everything that happened. If they are really trying to push me for an article 15 then i might sue CID investigators for entrapment because i believe what happened to me is wrong. It's not fair for me to be the only one out the company to get investigated and not everyone else. I know for a fact that i am not the only one who has smoked marijuana at least one time in their military career.
I need advice on what should i do and what are my options. I wasn't thinking about suing before im getting out the army soon and i thought that everything was over with but if my company is going to go out of their way to give me an artice 15 then im going to fight it with everything i have and also sue CID if can.
Submitted: 2 years ago.
Category: Military Law
Expert:  P. Simmons replied 2 years ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.Sorry...not sure I understand the question. Are you asking if you should refuse Art 15 and let them take you to court martial?
Customer: replied 2 years ago.
No I'm asking if what I stated above sounds like entrapment. Sorry I've should've made that more clear
Expert:  P. Simmons replied 2 years ago.
Thanks...in what sense...are you asking if you can use entrapment as a defense at court martial?
Customer: replied 2 years ago.
If I can take it to court and sue. I have the opportunity to defend myself at tbs if my company tries to give me an article 15 so I'm not worried about that. I was just wondering if I could take the CID investigators to court and sue for entrapment
Expert:  P. Simmons replied 2 years ago.
Thanks...good question. But I do not have a positive answer. The law prohibits a service member from suing the military (including CID) for incidents that happen while on active duty. This from the Supreme Court case of Feres v US. This court holds that you can not sue for incidents that occurs while on active duty. As far as refusing Art 15 and taking it to court martial? I would not recommend it...what you describe is not likely going to stand as a bar to conviction. The "entrapment" defense is a VERY tough road to hoe. I have never seen it used successfully. You have to prove, in essence, you were innocent and the police incite you to committing a crime. You admitted to drug use, while on duty...that is not going to be erased by the subsequent unprofessional CID conduct (and I do agree, the conduct was unprofessional) This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can sue, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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