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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33069
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Urinalysis case, what is the likely-hood that

Customer Question

For a urinalysis case, what is the likely-hood that CID would 'bug' my phone, car, or barracks? Second, would they try and subpoena anything such as this sight, my email, etc. Thirdly, in cases in which the accused did not confess, is there a strong likelihood
for an acquittal due to the government having the burden of proof for knowing and willing consumption?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year 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.CID can obtain a warrant to search...I would not put it past them doing this to obtain evidence. But there is no way for me, or anyone other than the agent in charge of the investigation to tell you how "likely"CID can subpoena records. It is somewhat common. But again, I can not tell you how likelyIn cases with no evidence other than a positive test? My experience is that the accused, if they take it to trial, and if they have witnesses who will testify to their good character have a chance of acquittal.
Customer: replied 1 year ago.
How long is the investigative process in such cases? It's been two months and I still haven't been preferred charges
Expert:  P. Simmons replied 1 year ago.
Depends....every case is different. I have seen investigations last a few weeks, and some stretch years.
Customer: replied 1 year ago.
In your experience, how experienced is the prosecution in such cases? I have read that for low level cases like these a younger prosecutor is assigned to gain experience
Expert:  P. Simmons replied 1 year ago.
Depends on the shop...I have supervised incredibly talented prosecutors...and some not so much.
Customer: replied 1 year ago.
Well, the prosecution hasn't made any effort to contact any fact witnesses as of yet, is this abnormal? Also my attorney said that some of the actions of my command would be subject of motion practice (they have tried to speak to me about the case) can you give me an idea of what effect this would have in a court martial?
Expert:  P. Simmons replied 1 year ago.
I am not able to continue to answer your multiple questions.I will opt out and open up your question for other experts to take, if they so desire. I wish you the best of luck
Customer: replied 1 year ago.
Thank you.

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