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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34741
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I popped on a urinalysis test and was called back

Customer Question

I popped for MDMA on a urinalysis test and was called back from terminal leave from PENNSYLVANIA to HAWAIIAN and had to buy my own plane ticket and return within 24hrs
JA: The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No just a JAG to explain my rights and my options
JA: Please tell me everything you can about this issue so the Military Lawyer can help you best. OK. The Military Lawyer will need to help you with this. Is there anything else important you think the Military Lawyer should know?
Customer: I was called back from PA to HI while on terminal leave and told by a random First Sergeant I had 24 hrs to return and if I didn't than I would be a deserter so I had to buy a boys and dollar plane ticket
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year 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 helpAlso, 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. Do you have a question regarding this?
Customer: replied 1 year ago.
Is it legal for them to call me back from PA to fly back to HI on my own bill because of a popped piss test? Also could I fight the piss test because I was on Terminal with my DD214? I want to know if I have case because of being called back so suddenly.
Expert:  P. Simmons replied 1 year ago.
Thank youI have some thoughts and will type them up. A few minutes please.
Customer: replied 1 year ago.
Okay awesome thank you, ***** ***** EAS June 19th and was offered to take a deal of 30 days in the brig with an OTH and no adsep board.
Expert:  P. Simmons replied 1 year ago.
Thank you for your patienceI typed up a full answer below. But if you have an attorney you may know a good bit of this stuff. If you have an attorney and they are offering deal that you do not go to court martial? And you do NOT get an OTH?Take that and runThat is a very good deal...if you press this you could find yourself past your eas...with no hope for an adsep deal. You do not blink on a deal like that in my experience. IF you do not have an attorney, here is the thing.If you are on active duty? Have not reached your end of active service contract date?Then you fall under UCMJ (uniform code of military justice). This is the federal law that allows criminal prosecution of service members. In other words, if you are still on active duty, have not been released (issued the DD214 AND reached the end of the contract period), you fall under the UCMJ and can be prosecuted. They can bring you to a court martial…or, if they have time (if they have at least fews days before you final end of contract date) they could run you for administrative separation. That could lead to an other than honorable discharge.They can require you to pay your own way back. If you refused they could run you as awol (absence without leave) or UA (unauthorized absence) .All that said you have some rights: 1. The right to remain silent. You want to consider invoking that right. In my experience, in almost every case an accused gives a statement of some sort? It puts them at a significant disadvantage in the plea negations process. If you do not admit to the use, and there is no other evidence to prove you use the drug knowingly? It may be that you can win this at court martial…or it may be they dismiss the case.You have a right under Article 31 UCMJ to refuse to talk to anyone about anything but what is relevant to your duties. Do no talk to anyone about this matter other than a lawyer reprinting you.2. You have a right to an attorney if they send this to court martial or try and give you an other than honorable discharge. And you can hire a lawyer. Honestly? Hiring an attorney with experience in these type of cases can be helpful. You get a lawyer for free but often they have little to no experience. And experience helps get the best results.3. You have the right to present evidence and cross examine their evidence. This is a powerful right if you have to go to court martial. Talk with your lawyer about this. Again, the only evidence the have is the “pop”…that can be a case you win..since the government must prove the case beyond a reasonable doubt. Again…good reason to not say a word. Now…if you were past your hard end of service date before they recalled you? Then you may have a defense that allows you to fight this. Your lawyer can help with that…that is what they get paid to do.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 1 year ago.
HiExperts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer. Please rate the answer so I may receive creditThanks for your understandingPhil