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I am a e-4 with one deployment and 42 months time in service.

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I have been getting treatment...
I am a e-4 with one deployment and 42 months time in service. I have been getting treatment for the last year for what was initially treated as depression, nightmares, sleep problems, counseling, post deployment. I have been prescribed medicines. I don't do fireworks anymore. Wife ,son and I were visiting family at campground July 5-6 (avoiding fireworks) last night there around 2am someone had lite a barrage of fireworks. I panicked/blacked out. Her father helped put me in the car, gave me my meds and we left. Had to take UA first day back (07jul). Ends up I failed UA. Ends up wife, who takes anxiety meds too, must have given me her anxiety med instead of mine. Either way, I didn't know. This is a first time offense. Never been in trouble.. Unit is new and wants me out..I have a pending/recommended field grade article 15 and chapter process. I don't trust the unit and am considering denying NJP and request court martial..please help I am freaking out
Submitted: 3 years ago.Category: Military Law
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Answered in 28 minutes by:
10/1/2014
Military Lawyer: Marsha411JD, Lawyer replied 3 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,882
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Hello,

Thank you for the information. Although no one can tell you what to do in terms of refusing NJP, I can discuss the pros and cons with you. If you have any evidence that someone gave you medication that you were not aware of, and your Command is not accepting that is truthful, then you might take a chance on a court-martial. However, you have to be aware that there has to be a reliable and believable witness to the fact that you were given medication without your knowledge of what you were taking. If the court believes that evidence, then you would be acquitted. However, if the witness or witnesses are not believable, then you might end up with a court-martial conviction and possibly face a Bad Conduct Discharge versus an Other than Honorable or General discharge that you might get via an administrative discharge.

This assumes that there is no other defense, than mistaken or unknowing ingestion. There can always be potential issues with the test itself, such as basis for the urinalysis or chain of custody. But, assuming there isn't, then you need that testimony about your unknowing ingestion.

Please feel free to ask follow up questions if you have them. I would be glad to assist you further if I can.
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Military Lawyer: Marsha411JD, Lawyer replied 3 years ago
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 1st. For some unknown reason, the Experts are not always getting replies or ratings (which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.
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