I was given a general court martial for the use of marijuana without a positive urine analysis. For six months prior to my court date I was ordered to leave a urine analysis at least twice a week. But, at my trail, there was no mention of my negative test at all. There were two airman, who were already serving out sentences for other drug related offences, that testified that they witnessed me smoking weed at a party off base one night. After there testimony, they were released the next day. I guess my question is, can I sue for ruining my life, because a couple guys lied under oath just to get released early. Also, the fact that there was no mention of my negative urines.
I am sorry to inform you that you have no cause of action against either the branch of service generally, against those who prosecuted you or against those who testified specifically. Wrongful use may be proved at trial a number of different ways, including by producing eye-witnesses who observed the use. Another way is to introduce scientific evidence that a sample you provided tested positive for the metabolites associated with a particular prohibited substance IN THE SCIENTIFICALLY APPROPRIATE TIMEFRAME. The question of whether or not you as the defense are permitted to introduce evidence of the negative urinalysis test results is a very fact-specific one. If you were not tested until more than 30 days after the purported use, the negative results would not be deemed relevant since the metabolite for THC will not generally result in a positive level after 30 days have elapsed. There are a number of other possibilities that are fact-specific. But to answer your original question, you have no cognizanle grounds for lawsuit.
The proper remedy in these cases is to appeal your conviction. You cannot sue the military, the prosecutors, or anybody else.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
No you cannot sue.
Depending on the sentence you can appeal tot he military court of criminal appeals for your service or the judge advocate general.
Was the a summary court-martial? If so, why did you accept it and not decline?
Answering your question does not create an attorney-client relationship. Every case is different and a resolution depends on a thorough review of applicable facts and law. No attorney can guarantee a particular outcome or result.
Unfortunately you are stuck with the outcome--your shot was at the CM, as others have pointed out, you will not be able to sue any of those involved in your CM.
Your life is not ruined, you can achieve success elsewhere so long as you look forward not back.
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