1st time minor possession on fed property

What is the name of your state? Kentucky

I was entering a military base when they pulled me to the side saying they were randomly searching white cars that day and they found a very small amount of weed. They charged me with minor possession and paraphernalia for a coke can bong. I was just wondering if anyone knows what I should do and what kind of punishment is involved. Would it help me to put in a request for deployment? Also I was informed there would be no UCMJ action because I'm in reserve and not on active status. Any help would be very much appreciated.

juliehs7 said:

What is the name of your state? Kentucky

I was entering a military base when they pulled me to the side saying they were randomly searching white cars that day and they found a very small amount of weed. They charged me with minor possession and paraphernalia for a coke can bong.

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My response:

Geez, could you have been any more stupid?

Sorry, the military doesn't deploy stupid people. They have a tendency to get killed.

IAAL

oh Jeesh

Oh Kentucky... if you were only in a blue car....

I posted in haste and I guess I didn't explain myself enough, but it wasn't my car and I didn't feel the need to search it when my friend let me borrow it, thats my fault. I get drug tested frequently and have been in the Army over three years, and spent 18 months in Afghanistan. I was just hoping for some help since I know little about law as far as punishments.

juliehs7 said:

I posted in haste and I guess I didn't explain myself enough, but it wasn't my car and I didn't feel the need to search it when my friend let me borrow it, thats my fault. I get drug tested frequently and have been in the Army over three years, and spent 18 months in Afghanistan. I was just hoping for some help since I know little about law as far as punishments.

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My response:

You're right, it is your fault. You knew your friend is a druggie, so what wouldn't make you believe that where your friend goes, so do his drugs?

You are the company that you keep. Get new friends.

IAAL

What are you charged with? Is the charge United States Code or Kentucky law. In my experience with the federal magistrate's (which is who you will be appearing before) if you have a clean record as far as drugs go...(no prior convictions) you will more than likely be placed on first offender status.

If a person found guilty of an offense described in section 404 of the Controlled Substances Act (21 U.S.C. 844)—
(1) has not, prior to the commission of such offense, been convicted of violating a Federal or State law relating to controlled substances; and
(2) has not previously been the subject of a disposition under this subsection;
the court may, with the consent of such person, place him on probation for a term of not more than one year without entering a judgment of conviction. At any time before the expiration of the term of probation, if the person has not violated a condition of his probation, the court may, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. At the expiration of the term of probation, if the person has not violated a condition of his probation, the court shall, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. If the person violates a condition of his probation, the court shall proceed in accordance with the provisions of section 3565.

If you are under 21, after your year of probation you may petition the court for an expungement and the court will grant it. Without first offender status you are looking at:

Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both

If you were charged under state or federal law, going on a deployment will not help you. In fact you will arrive back to Kentucky with a Bench Warrant waiting for you. My suggestion...get a lawyer, one familiar with the federal court system. The information that I have given you is as if you were charged with 21 USC 844, if you were charged under state law, other punishments will of course apply.