Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

hey im a marine stationed in camp Fuji, a friend of mine was

caught hoffing dust off. I...
hey im a marine stationed in camp Fuji, a friend of mine was caught hoffing dust off. I was not around him at this time, another marine wrote a statement saying i have done it before and wrote four other marines too. they have already interragted us and we have all said we haven't enhaled anything. were about to talk to a an officer in an hour. i saw the officer at the px looking at the credit card stuff to see if we have boughtin it. i have bought to but not to inhale? is she aloud to use that against me? what should i do?
Show More
Show Less
Ask Your Own Military Law Question
Answered in 14 minutes by:
5/6/2013
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,430
Experience: Lawyer and current JAG officer.
Verified

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

Yes, she is allowed to use the fact that you've bought the item before against it. It's not conclusive evidence, but it is called circumstantial evidence.

 

If you combine the fact that you've bought the item and the fact that someone is saying that you have huffed the item, that could lead a commander or potentially a jury to believe that you did it.

 

Now, I won't say that it is strong evidence at all, but it is evidence and can be used against you to try and develop a case for use.

 

What you should do is stop talking to them. Invoke your Article 31 rights to silence. Many people that only guilty people do that, and that's simply false. When you speak with your command, they are only trying to get information out of you that is helpful to them. If you admit to anything that they can use against you, they will, even if your overall statement is that you didn't use. Their only looking for things that you say that go along with their theory and they'll ignore anything that you say that doesn't.

 

They have to prove their case, so don't help them do that by talking to them. They always have a way of getting you to admit to things that seem harmless, because they are not admissions of a crime, but in the end it works against you.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,430
Experience: Lawyer and current JAG officer.
Verified
Allen M., Esq. and 87 other Military Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

I bought two cans, that I had used for my electronics, there is no witness that saw me use it its just theory like you said so I should just not talk, I really don't want to get kicked out the marine corps for something I didn't do

I certainly understand not wanting to be kicked out for something you didn't do.

I would invoke your right to silence and leave it at that. They'll likely see that they have a very weak case, when JAG explains it to the command, and they'll do nothing with it.

If they try to do anything with the information, you'll then have to be allowed to talk to a defense counsel and you can begin cooperating to the extent that the attorney recommends.
Ask Your Own Military Law Question
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19,430
19,430 Satisfied Customers
Experience: Lawyer and current JAG officer.

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,718 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

19,430 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
My son is in the Marines, and did not disclose that he has
My son is in the Marines, and did not disclose that he has ADHD. If he discloses that now, would he be able to get medication to treat it? And, I think he also suffers from depression. He has not repo… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I've only been in the Marines for a few months now, and have
I've only been in the Marines for a few months now, and have had a seemingly chronic knee pain show back up and continue to get worse despite treatment. Am I too new in the Marines to be medically sep… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I am a enlisted marine in the marine corps an E3 to be
Hello I am a enlisted marine in the marine corps an E3 to be exact. Tonight I called PMO on a Japanese local who was at our barracks under suspicion that she may be drinking and driving, I'm stationed… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I started active duty in the marine corp on September fifth
Hi, I started active duty in the marine corp on September fifth of 2017 and I hate it, the stress is so much and I can't handle the lifestyle, I'm constantly depressed and I don't know what to do, I j… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
How hard is it to change an re3 to a re1 for thw marine
how hard is it to change an re3 to a re1 for thw marine corps. Also how much does it cost? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,430 satisfied customers
I was in the Marine corps 1984-1988,(honorable discharged).
I was in the Marine corps 1984-1988,(honorable discharged). Later on I enlisted in the army reserve, with no activation. 1996-2000(honorable discharge). I have worked for 22 years in my job, I have had multiple sclerosis for 18 years. I am now on short term disability through work. I have been diagnosed since 1999. Wanted to ask if the VA would offer disibility. Or would I be SOL. Thank you. Regards … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Let's say theoretically I get out of the Marine Corps
Let's say theoretically I get out of the Marine Corps (enlisted) after 4 or 6 years & I only have minimum Pros & Cons; 3.0 Proficiency & 4.0 Conduct scores. Will my pros & cons have a significant impa… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I am 20 years old and in the Marines, in a relationship with
So I am 20 years old and in the Marines, in a relationship with a 16 year old from back home. So far as I've looked age of consent laws under the ucmj, and my state, say that she is in the age of consent. I have not engaged in any physical sexual activity, but I have sent nude pictures of myself. Her father found them, and is threatening to prosecute me under the UCMJ. Is this a reasonable threat? Should I seek a lawyer? … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I have a RE3 from the marine corps for suicial intentions
I have a RE3 from the marine corps for suicial intentions while i was in boot-camp. I want to attempt to join again, possibly to prove to myself that i can make it through. what can i do/ is there anything that i can to? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I know a Marine that is in a tight spot with a NJP on
Second opinion] I know a Marine that is in a tight spot with a NJP on Adultery. Can they still charge him with Adultery if his Ex wife signed the divorce papers but weren't filed yet? No one physicall… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,430 satisfied customers
Were restraining orders available in 1990 against US marines
Were restraining orders available in 1990 against US marines from civilians? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I know a Marine that is in a tight spot with a NJP on
I know a Marine that is in a tight spot with a NJP on Adultery. Can they still charge him with Adultery if his Ex wife signed the divorce papers but weren't filed yet? No one physically saw the Marine… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,430 satisfied customers
I am a Lance corporal in the marines. My unit in okinawa is
Hi I am a Lance corporal in the marines. My unit in okinawa is under heavy restriction due to a marine killing someone drunk driving. I want to go off island to mainland japan this 96. I know I'm not … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
Is it fraternization if an Army Officer is dating a Marine
Is it fraternization if an Army Officer is dating a Marine Emlisted SNCO? Never served together or anything. Relationship formed outside of military and no chance of ever working together. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,430 satisfied customers
What would happen if a person was stating they were a Marine
What would happen if a person was stating they were a Marine JAG, but wasn't in the Marines? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,430 satisfied customers
I was honorably discharged from the Marine Corps. with an
Hi, I was honorably discharged from the Marine Corps. with an re-04 reenlistment Code. I've read that it means I was discharged while being not recommended for reenlistment. Does that mean I would nee… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,430 satisfied customers
Well I'm in the Marine Corps and I haven't been in that but
Well I'm in the Marine Corps and I haven't been in that long but it's turned out to be something I do not enjoy. I wake up everymorning hating my life. I have a fiancé and a 5 month old back home and … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
My partner has bee divorced from her marine officer husband
My partner has bee divorced from her marine officer husband for many years. If she remarries does she stop getting 1/2 of comm. property? This was decided upon in the divorce decree. Is it contingent … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x