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Is this site safe ? Can anybody conversation on here be used in court

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

California

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It's not for me it's for a friend

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It's about a positive ua

Submitted: 8 months ago.Category: Military Law
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Answered in 1 hour by:
9/16/2017
Military Lawyer: Marsha411JD, Lawyer replied 8 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,826
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for your post. This is a public forum and not confidential, as the TOS reiterates. However, if a customer wants to close the question to public view, then after the question thread is finished, the Expert can as customer service to block the question from public view. But, just keep in mind that this is not an attorney-client relationship so our communications, even if not shared on the internet are not confidential. That is not usually an issue, but worth understanding.

If you want to continue I will need to know what the legal question is and enough facts to put the question in context, including the rank, years of service, and particular branch of service of the individual the question applies to. I will be away from my computer for most of the morning, but will reply as soon as I am available again.

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Customer reply replied 8 months ago
I had a positive ua and talked to cid. I told them I did it on purpose to get out of the army. They then said they didn't believe me and that they are going to investigate me for distributing. All I did was fail a ua and admitted I did it on purpose to out. Can they legally investigate or acuse me of distributing with no other evidence ?
Customer reply replied 8 months ago
After they told me they didn't believe me I stopped answering and requested a lawyer
Military Lawyer: Marsha411JD, Lawyer replied 8 months ago

Hello again and thank you for the information and your question. Yes, of course, someone can always be investigated for a crime, but that doesn't mean they can be prosecuted or found guilty of one. I know nothing about your case, in particular what facts and evidence CID thinks they have and might find, so I have no idea where they are coming from, but I can tell you that they wouldn't say that they think you might be involved in distribution unless they have something. Again though that something might not pan out as it may be a statement from an unreliable witness, but they can certainly do their job, which is investigate.

All that said, you did the right thing by not speaking to them further, and in fact, should have never given them a statement. But since it appears you want to be separated from the Army, I am guessing that is why you gave a statement. You really didn't need to tell them that to be separated since the positive UA would be enough to kick you out. In any event, you can't undo what is already done and, at this point, you just need to remain silent and not speak to anyone, and I mean anyone, other than your attorney should you have charges filed, about the facts of your drug use.

But, just to reiterate, they have a right to investigate if they believe there was further misconduct, but your CO would have to have a preponderance of the evidence to take it further than an investigation.

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 on this page, then the Site will give me credit for assisting you today. Thank you

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Military Lawyer: Marsha411JD, Lawyer replied 8 months 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 16th. 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 received neither.

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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