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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33665
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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E5 with 12 years in, just notified of a failed UA from just

Customer Question

E5 with 12 years in, just notified of a failed UA from just over 2 years ago. Cmdr asking for sworn statement and medical back-up. Was taking DAMP periodically as needed. Last prescription for adderall was given 5 months prior to failed UA. What should be done now?
Submitted: 9 months ago.
Category: Military Law
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. That is what do you meany by

"what should be done now"?

Would it help to talk on the phone regarding this?

Customer: replied 9 months ago.
Should a sworn statement be made? Is there a risk of an article 15 since its past the 2 year mark? Is this a court Marshall offense? What is going to happen next?
Expert:  P. Simmons replied 9 months ago.

It is too late for Art 15 (there is a 2 year statute of limitations for Art 15) but it is not too late for a court martial (there is a 5 year statute for court martial)

I would NOT give any statement...if they want to bring this to court, they have to provide you with an attorney who could advise you on the best way to proceed...it is almost never in the interest of an accused to give a statement (since that statement can be used to prosecute them)

Will they bring this to court?

That is up to your commander...but no good in helping them along by providing a statement

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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