What is the best way to address false charges when facing a chapter?

2020-03-31T03:52:20-04:00

I have a soldier in my platoon that failed a UA after coming back from block leave. He explained that while at home he was given a drink that was said to have contained CBD. Turns out it contained small doses of THC. He went to the CID office today and asked what he was being charged with and they informed him it was, possession and intent to distribute. I’m not a law major but I know those charges don’t add up to what he did. They don’t know that he was in possession of marijuana and he never had any to distribute. What are the proper Chanel’s to go about this and have someone look in to it from his position. Me knowing him personally I know he isn’t lying and doesn’t deserve to go out the way he is, thank you for the help in advance!

Response by SFC Private RallyPoint Member made Mar 31 at 2020 8:05 AM

2020-03-31T08:05:23-04:00

He should get a lawyer if he's innocent. But he did still fail a UA so he will probably still be kicked out for that.

Response by LTC Private RallyPoint Member made Mar 31 at 2020 8:07 AM

2020-03-31T08:07:51-04:00

He should not make statements or consent to searches without talking with a lawyer first.

Response by LTC Private RallyPoint Member made Mar 31 at 2020 8:12 AM

2020-03-31T08:12:29-04:00

Something doesn't add up. Unless it was loaded with enough THC to kill a horse, drinking a single drink that was laced with THC is not, repeat not, going to put enough of it in your system to make you pop hot on a UA. The detection levels are intentionally set high enough to preclude circumstances like that from happening. It's the old, "I was riding in a car with people who were smoking weed and that's why I pissed hot" excuse. And, also, CID is not going to waste their time pursuing possession and intent to distribute charges without any evidence. They have too much other stuff to do than make up bogus charges against someone.

Response by SFC Ralph E Kelley made Mar 31 at 2020 8:21 AM

2020-03-31T08:21:44-04:00

Some questions need answers:
1. How did he know he was given a drink that contained CBD?
2. Was he held down and forced to swallow?
3. If #2 was true - Why didn't he report it to authorities as soon as he escaped?
Definitely strange circumstances there, I have my doubts and I hope you understand as I have no filter.
ASKING FOR A FRIEND...

Response by SFC Michael Hasbun made Mar 31 at 2020 10:12 AM

2020-03-31T10:12:12-04:00

There's more to the story than you know. All charges are vetted through Legal. If CID is saying those are the charges, there's clearly a great deal the Soldier isn't telling you about the circumstances.

Response by Lt Col Jim Coe made Mar 31 at 2020 2:39 PM

2020-03-31T14:39:51-04:00

Your Soldier needs a good lawyer immediately. You or your commander might talk with CID or the local JAG about the case. You might have some influence, but you're more likely to be considered a witness. Let's face it, the kid messed up. He shouldn't have taken the drink in the first place.

Response by CWO3 Private RallyPoint Member made Apr 1 at 2020 8:42 AM

2020-04-01T08:42:53-04:00

1. Shut his mouth. 2. Hire an attorney.

Response by SSgt Christophe Murphy made Apr 3 at 2020 11:23 AM

2020-04-03T11:23:48-04:00

Your soldier needs to obtain a lawyer and start building their case.

There are two major factors to consider here.
First everyone needs to understand that CBD oil may contain trace amounts of THC. It's just like decaf coffee doesn't mean it has zero caffeine in it. Majority of CBD products out there are unregulated by FDA meaning you are rolling the dice.

Second, Your Soldier needs to be prepared for what this will entail. At the end of the day they will most likely stick them with a list of charges and most will shake off in the process. The one that will almost never shake loose will be conduct unbecoming. It's the catch all charge.

The Solider needs a lawyer with experience in Military law as this will be weird as Military law kind of does it's own thing alot of the time.