??? about military dependant and grow up

[chunkydunkynug]

you all are right. it is going to fall under her having posession because they are going to try to say she had access to it. i do have pictures of my cabinet with the lock. but unless she goes to court martial it is completely "non judicial punishment" meaning her commanding officer will do what he sees fit. so its basically to the fullest extreme and hope to god for the best, or take the chances with the worst and most likely recieve the worst. the military has zero tolerance.

so she got the DUI because she left our place hit a pole came back drank some booz while i was gone to get our insurance info back ( i smartly walk wherever i go if i've been drinking ) and low and behold when i got back the police were here questioning her about everything.
they suspected she drank before she left because she drank while i was gone.
then she came in to get a blanket the cops followed smelled herb (duh) and searched.

crazy thing is is that they never once asked me to show my med card physically to them, nor got my ID, a statement nor permission to be in my place. period. but they decided to throw in two sentences in the police report, so now her command questioned her.

her being the honest young lady she is, told them ( investigative police on base )she knew i had the card, knew i was growing, knew where it was the works. incriminating herself nearly beyond repair.

i could have helped her out a lot. i still think i can help her with the photos i have of the cabinet, locked.

considering it was locked she had no access to the medicine.
but, does that really matter considering the military isn't going to really try to find out the entire story unless court martial? probably not.

it isn't looking good.

thanx for all the info.

 

[dukeanthony]

As long as she doesn't test positve for thc it will be an article15 hearing

 

[HydroDawg421]

Your wife is a dumbass and so are you. She gave consent to search when she allowed them inside. EVERYTHING will be admissable. Now your child will have 2 parents who are Dishonorably discharged. You are both fuc*ked on both sides (military & civilian).

Throw the DUI with a kid in the car on top of everything and you'll be damn lucky if your wife doesnt serve time in prison. Good Luck with all that. And you need a civilian lawyer who was once a military judge. Unfortunately he will have to represent you in 2 courts so you can DOUBLE your attorney fees. You my friend are FUC*KED beyond belief.

 

[HydroDawg421]

As long as she doesn't test positve for thc it will be an article15 hearing

WRONG - she has already admitted to being an accessory to manufacturing marijuana. If you have weed in your pocket but test clean . . . Wait for it . . . YOU ARE STILL IN POSSESION OF MJ. You dont walk because you are clean!!!

 

[HydroDawg421]

Google search:

http://www.google.com/search?q=civilian+lawyers+with+military+experience&ie=UTF-8&oe=UTF-8&hl=en&client=safari

 

[GreatwhiteNorth]

Read article 112(a) a bit slower if you have to. She's totally fucked unless her command has A) a very strong (read Senior) CO & XO and B) they love her to death & are willing to go to bat for her.
Both circumstances together are unlikely at best.

This from a guy who's officiated at literally dozens of NJP and courts martial hearings.

 

[HydroDawg421]

Article 112A-UCMJ

Maximum punishments.

(1) Wrongful use, possession, manufacture, or introduction of controlled substance.

(a) Amphetamine, cocaine, heroin, lysergic acid diethylamide, marijuana (except possession of less than 30 grams or use of marijuana), methamphetamine, opium, phencyclidine, secobarbital, and Schedule I, II, III controlled substances. Dishonorable discharge, forfeiture of all pay and allowances, and confinement 5 years.

 

[dukeanthony]

My understanding is there was no weed on her. She still has dui child endangerment and leaving the scene of an accident. But the art15 will be for the dui imho

 

[chunkydunkynug]

my discharge has nothing to do with it. and i didn't get Dishonorable, because I did have my whole chain of command fighting for me.

my feeling is, is that when she came inside, she didn't shut the door, allowing access to the police to walk in without breaking an entering.

And she did piss for them, and it will come back completely clean of everything. and her command is all for her on this. they all are fighting for her.

she wasn't driving with my son while drunk either. she came back home and my son was asleep in the back seat so she waited for me to get back to get him out because she didn't want to wake him up at 2300 hours at night.

civillian side she has court today for a DUI. she never gave a breathalizer yet the cops lied and said she did. reguardless if she did or not, they have no proof she had driven drunk. when they arrived at our house she was in the back seat with no keys to the vehicle in the car waiting for me.

on a personal note, i didn't give two shits less if i got kicked out because i don't believe in forced slavery as the government is doing to our military personnel. force death basically. so i got the hell out.

america is corrupt beyond repair and i didn't/don't want any part of it.

 

[GreatwhiteNorth]

Now your child will have 2 parents who are Dishonorably discharged.

Unless some extreme circumstances were involved you don't get a Dishonorable for simple weed possession - that typically is an Administrative.

My understanding is there was no weed on her. She still has dui child endangerment and leaving the scene of an accident. But the art15 will be for the dui imho

The DUI warrants an Art 15 (or "office hours, Mast - depends on the service), but from the info that has been shared here my guess is she is facing a courts martial. If the weed was in the house & she knew, then that would be possession and/or manufacture.

My best advice is for her to polish her resume as her employment is fixing to change.

 

[Rob Roy]

Sorry to hear about the situation, you are being fucked over in many ways. Go public in a big way. You might also consider asking your spouse to quit the military, it is a criminal organization.

Is it a given that any trial will be a "military trial" ? Aren't your rights (4th amendment search and seizure) supposed to be protected in a civilian court? You should consider a counter suit.

 

[HydroDawg421]

Either way . . . You are in for a VERY costly fight (financially, emotionally & spiritually). To top it all of you cannot afford to mount a substantial defense on the salary of a soldier. Not even close.

As hard as I try I cannot sympathize with you on this. There are too many discrepancies & bonehead dumbass moves on the part of both of you!

I have never heard of someone being involved in an accident and while waiting for the police to respond starts drinking alcohol prior to their arrival!?! WTF? You are married to a GENIUS!!!

Of course the police violated her rights and searched your home without a warrant or her permission. If she allowed them in to your home either by giving explicit permission to search OR just allowing them inside via an open door where they could smell marijuana. . . the search will hold up in court. The smell of marijuana is also called probable cause.

It just doesn't add up. I havent heard where you or her have accepted any responsibility or shown any remorse for your actions . . . instead it's the "Police's fault" & "we are being framed!"

I hope for your childs sake you two clowns come up with a better defense than that! I can guarantee you won't win with that argument. The fastest way to piss off a Judge is to make allegations of law enforcement violating your rights. You better have proof, unfounded allegations without concrete proof will not work in your favor. I was a jury foreman in a case where the Defendant's only defense was "the police framed me & violated my rights." he was found guilty & the Judge sentenced him to 27 YEARS!!! The DA offered a plea of 1 year jail time and he chose to go to court instead where he got 27x more than the DA offered. The Judge also referenced during sentencing the disrespect for law enforcement by alleging criminal activity on their part without ANY proof.

I'm willing to bet that with the possession & manufacturing charge (along with the intent to distribute that the DA will tack on later), DUI & child endangerment charge your wife will most certainly face a Court Martial.

And you better pray HARD there isn't a school, church or daycare/daycare provider close by.

Here's my advice to you . . . Trot on off to the local BofA and withdraw about $30k and take to a top notch lawyer. This will be the 1st of many payments over the next 18-24 months and in the end you will both have criminal convictions for MJ possession, distribution, child endangerment and DUI. And the State may wind up with custody of your children.

And at the end of the day you are in violation of FEDERAL law for growing MJ. I don't care what the State of California says. There is an Attorney sitting next to me talking. I'm typing.

Something else to consider:

Posting your story on this forum is another dumbass move. Most likely your internet records will be pulled along with your credit cards, etc. Yhis will be done in an effort to shore up the Prosecution's case.

If you bought anything for this grow with a credit card/debit card/checking account that your wife is a co-account holder on . . . She is also involved.

 

[HydroDawg421]

Sorry to hear about the situation, you are being fucked over in many ways. Go public in a big way. You might also consider asking your spouse to quit the military, it is a criminal organization.

Is it a given that any trial will be a "military trial" ? Aren't your rights (4th amendment search and seizure) supposed to be protected in a civilian court? You should consider a counter suit.

1) You don't quit the military.

2) ALL Active Duty military personnel are just that. Military personnel and subject to Military Courts. The Command can choose to allow the civilian courts to prosecute as well and they can also prosecute. In many cases, depending on the current case load, location, etc . . . The local DA will defer to the Military and allow them to handle it and drop all civilian charges. I know for a fact that it also happens where the civilian courts drop the hammer and when they are done the military takes over and drops another hammer! Military members are subject to BOTH civilian and military laws. NO this isn't double jeopardy either.

 

[chunkydunkynug]

boneheaded or not, my cabinet to my single one plant had a lock on it.
civillian courts are trying her for a DUI, which isn't going to happen due to lack of evidence. I.E. she got charged in our driveway when she was in the back seat.
the military saw the police report, and decided to go ahead with the child endangerment and possession. i agree. i think she is screwed.
pretty sure we're going NJP with this, because as stated above, a lawyer (good enough to do anything for us) is going to cost a grip that we don't have in the first place. and it most likely will end up with a conviction.
the manager at the apartments went off on my wife so much that her 300 pound fat ass had to be held back from my wife, yet my wife was talking to her sister because the manager was out of control...
so my wife was distraught, and didn't think anything of cops coming because she left all her insurance information and both parties agreed to wait until the next morning to resolve anything. yet the police showed up anyhow after she had taken a few shots.

dumb move on both of our parts? i have to say mine, MAYBE. i followed every state law possible. so much that the cops didn't charge me with anything even though it was my plant and i should have been charged with child endangerment. IF they actually thought they had a case. but they didn't, and don't against me. so they turned that portion over to the military.


yes, i'm pretty sure we're screwed. luckily for her she is a damn good military member, and an air traffic controller with good marks. she already has recommendations at another civillian tower making more money.

everything happens for a reason.

because she hit a pole, all of this. think about it. hit a damn pole and all this stems from it. what a system. what an america.

 

[HydroDawg421]

Jesus H Motherfucking Christ!!! An air traffic controller? I just spoke with a close friend who is retiring from the FAA & they are hard up for civilian controllers! I think he told me the starting pay is like $85k and within 2-3 years (once fully qualified) you will make > $125k !!!

DUI's & possession charges WILL definitely close that door to her. I'm truly saddened to hear this. This is a massive fuc*-up and will cost her $1M in lost income over the next 10-15 years. HOLY SHIT!!!

 

[HydroDawg421]

The only advice I can give is request a court martial and go in and fall on the sword. Same thing on the civilian side. Throw yourself under the bus and take ALL the blame! Maybe. Just maybe she can get out of it.

With the potential in lost income I would do all I can to get a lawyer to defend me. Even if it means leveraging everything I have! Spending $30-50k on an attorney to ensure she can make $125k a year once she gets out is a solid investment!!!

 

[dukeanthony]

Regardless of outcome the FAA wont hire her now