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A situation happened over the weekend where a friend of mine

Customer Question
in the army was roofied...
A situation happened over the weekend where a friend of mine in the army was roofied for all we know. He went out friday night and woke up sunday morning with no recollection of anything. He went to the hospital in very bad shape and showed signed of being drugged. test were ran and it showed something was clearly done but also that there was cocaine in his system. Will he get in trouble with the army for this. He thinks if anything it was slipped to him because he has no recollection
Submitted: 1 year ago.Category: Military Law
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Answered in 26 minutes by:
11/17/2016
Military Lawyer: Marsha411JD, Lawyer replied 1 year ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,428
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Hello,

Thank you for the information and your question. If he tells his Command what happened now and the hospital records verify that he said what he thought transpired to the staff there(what you just described) then, if the Command believes him, he would not get into trouble unless he violated some other rule or order. What I mean by the latter part of my statement is that as long as he wasn't otherwise somewhere that was off limits, or was in an unauthorized absences status, etc., he wouldn't likely be in trouble.

All that said, his Command knows him, and I don't, and they can gather all of the evidence, and I can't, so they ultimately would have the basis to decide if the facts as he represents them are true. Again, as long as he is believable, he wouldn't be in trouble for the unknowing ingestion of illegal drugs.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

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Customer reply replied 1 year ago
But is there something under UCMJ that has anything regarding this situation? Or is it strictly if his command believes him or not...seems too vague for the army.
Military Lawyer: Marsha411JD, Lawyer replied 1 year ago

The UCMJ prohibits the use of illegal drugs. What I meant by the Command believing him or not is that if they believe he unknowingly used these drugs, they wouldn't charge his for illegal use under the UCMJ since "knowingly" is an element of the crime. If they don't believe him, then can they charge him with illegal use. This is a link to the Article they could charge him with if they don't believe him: http://www.ucmj.us/sub-chapter-10-punitive-articles/912a-article-112a-wrongful-use-possession-etc-of-controlled-substances

He can always raise his facts in an effort to defend against the charge, but this is a proof issue that would be evaluated at the time of the disposition of the charge either at NJP or court-martial.

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Customer reply replied 1 year ago
if it was unknowingly, and his command believes him, he should be fine?
Military Lawyer: Marsha411JD, Lawyer replied 1 year ago

Yes, exactly. Best to you.

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Military Lawyer: Marsha411JD, Lawyer replied 1 year ago

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the17th . For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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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