You are with the AF Academy and facing very serious charges that could impact your career. You need to consult with an local attorney either on base or in Colorado Springs. Yes, the charges can be thrown out "possibly". However,you stand a much better chance with the representation of an attorney.
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It is possible that the charges can be dismissed, but it is not certain. It may be necessary to take the case to trial in order to resolve them. Even when a complaining witness recants, the prosecution can sometimes proceed and attempt to convince a jury to believe the witnesses prior statements rather than her recantation. This makes for a much harder case for the prosecution to win, but in some cases it is possible. It is important for you to have a good attorney to defend you.
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You first want to review the affidavit of the search warrant to determine if there were sufficient facts supporting the warrant. Second, unless a witness has evidence from you on their phone/computer supporting the initial investigation and corresponding evidence that you knowingly deleted the information off of your phone after being placed on notice of the investigation, it appears that the government cannot prove a prima facie case of tampering. However, I represented many servicemembers as a JAG in the Marine Corps, and echo the previous responses, that you need to retain a lawyer familiar with military law and follow their advice.
The information presented here is for informational purposes only and does not constitute legal advice. The Goodman Law Group, P.C. recommends that you consult an attorney with experience in your specific legal issue. Please contact us to schedule a confidential discussion of your situation. Such communication does not create an attorney-client relationship of any kind until a formal engagement agreement is signed by both you and the Goodman Law Group, P.C.Ask a similar question