The US military follows federal law, and this is why marijuana is illegal in any federal facility or on any federal land.
Yes, he will have to go to Court. However, given his age and the relatively minor crime, he will likely be given some kind of deferment program wherein if he stays clean, does some community hours, and keeps out of trouble, this would not go on his record. Even if no such deal is given and he simply pleads guilty, the record would be sealed upon him turning 18 for any private employer/college.I recently find out that the cop never told my kid his rights before or after the process of punishment and now they want me to take him back so they can do so.
You are talking about Miranda rights
. The issue is that once someone is arrested, whatever they say may be used against them in Court. A warning is given of this - the Miranda right. However, simply because the son was not warned of his rights does not invalidate the arrest. it simply may have whatever your son stated after the arrest struck from the record, thus making the prosecutor's jib a lot harder since no confession or utterance may be used in Court.
So the fact that the Miranda may not have been read does not void the charge, I am afraid.What should I do?
Retain counsel for him to ensure that he gets a good deal. At least the good news is that at 18,this will all be sealed and he is not facing any jail time likely, but simply an anti-drug program, etc.
May I recommend the Alaska Bar referral program - here
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