Drug Use admission?

[afdad]

What is the name of your state? WA

I'm concerned for my stepson in the AF in Kansas.

He is 2 weeks away from the end of his term.

Last month OSI called him in for an interview concerning an investigation of 2 other individuals (also in AF)

Before the interview he was read his rights and asked if he wanted an attorney. He turned down the opportunity thinking he was just going to be asked questions about 2 other individuals.

During the interview (nearly 6 hours) he admitted to drug use 2 years ago, but not since. Not on the job and no distribution.

The day he was scheduled to head back home he was called in to legal and told that he was being placed on administrative hold.

The 2 other individuals have been taken off their duty and security clearances taken away. However, (during his hold) my stepson is still working with security clearance still intact.

Apparently legal is threatening a courts martial, loss of rank, security clearance and benefits along with up to 90 days in jail.

His military lawyer says there's not much he can do.

Is this true? Should he get a civilian lawyer?

Can he be "charged and jailed" on an admission to a couple of days of drug use 2 years ago?

Any advice would be appreciated.

Thanks

 

[badapple40]

Was your stepson in the military when he used the drugs? What kind of drugs did he use? Where did he get them from? Did he bring them onto a military installation? What were the circumstances of his drug use? Did he sign a rights waiver when he talked to OSI? Did he ask for counsel or for a lawyer at any time during his interview?

When was he placed on administrative hold?

Does he have any information he did not give to OSI that he would be willing to trade in exchange for them discharging him?

If your stepson was in the military when he used drugs, signed a rights waiver, did not ask for counsel during the interview, and did not "innocently ingest" the drugs, sounds to me like he has a tough road to hoe. I'll give you more information as to just how much he is in trouble when you get me the information I asked.

 

[afdad]

Hello and thank you for your time!

Was your stepson in the military when he used the drugs?
Yes

What kind of drugs did he use?
Marijuana, Cocain, Extacy (one time only)

Where did he get them from?
From one of the individuals being investigated by OSI

Did he bring them onto a military installation?
No

What were the circumstances of his drug use?
Problems at home led a night of partying

Did he sign a rights waiver when he talked to OSI?
Yes, as a witness.

Did he ask for counsel or for a lawyer at any time during his interview?
No, He figured he was just there as a witness (bad, I know). OSI told him it really wasn't necessary (HA!)

When was he placed on administrative hold?
This past Friday.

Does he have any information he did not give to OSI that he would be willing to trade in exchange for them discharging him?
Not that he can think of.

 

[badapple40]

Yes, he can be charged and jailed. Perhaps, if he asked to end the interview or if he asked for counsel at any time, there may be grounds to suppress his statement. Short of that, he is at the mercy of OSI and legal.

I advise getting a civilian counsel anyways. There may be some way to argue around this: I mean, he thinks he consumed those chemicals, but there isn't really any solid way to know -- no one tested them, he wasn't pee tested, etc. Still, his admission to OSI stings.

He is probably looking at up to 2 years in prison, dishonorable discharge, etc.

Perhaps a civilian counsel can work out a deal where he takes an article 15, bust down to E-1, probable loss of security clearance, and he does some extra duty -- but still escapes without the taint of a federal conviction. That'd be best case scenario as far as I can see.

 

[Jenniferlee]

do your research

Do a search online. There are strict guidlines for obtaining information while conducting interviews, one of which is that trickery is prohibited. Also, (in the navy anyway, not sure about the AF) one cannot be charged with using drugs without an actual positive Urinalysis from approved labs.

Look for administrative instructions governing drug charges. Look for requirements and procedures, and YES get a civilian lawyer because government ones are just that, Government!

Tell your son not to say anything else without his lawyer even if they say its off the record becasue in the military that doesnt exist. Tell him not to trust anyone because his future is his alone, not theirs. Nothing is promised from anyone unless it is in writting, signed and he phisically has a copy in a safe place!! Good luck.