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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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Finally got charged and signed the charge sheet on Nov 10

Customer Question

Finally got charged and signed the charge sheet on Nov 10 and being charged with article 112A. Which stemmed from being tested positive on a drug test in July. I refused NJP, and requested court martial.
I've been out on legal hold since September 29 and I'm supppose to be due for PCS with dependents in April 2017.
How long can they keep me on legal hold and considering that I just signed my charges what is the next step the command will take and what should I prepare for?
Submitted: 19 days ago.
Category: Military Law
Expert:  P. Simmons replied 19 days ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 19 days ago.

They can keep you on legal hold for the remainder of your obligated service, and beyond if needed.

If they referred charges, the next step is they will detail you an attorney. You should work with your attorney to defend the case.

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.

Expert:  P. Simmons replied 19 days ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

Customer: replied 19 days ago.
from the time of the drug test results to just finally signing the charge sheet, in your opinion what would take so long for the command to take action? I feel the command is dragging out the case and is there something I can do to speed up the process?
Expert:  P. Simmons replied 19 days ago.

I have no idea why it is taking so long...but, frankly speaking, if you are not in confinement (jail/brig) there is NO obligation for the command to bring you to a speedy trial.

That said, now that you have been formally charged, if your goal is a speedy trial, your attorney can raise this with the court. Make sure you work with your lawyer before making this request (as a general rule, delay inures to the benefit of the accused...so in some cases it is not a good idea to demand speedy trial)

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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