I was told that even if I refuse NJP and want to go court martial, there’s a chance they wouldn’t take my case. Has anyone dealt with this before? How does the process work if you refuse NJP and opt for court martial? Just trying to figure out if it’s worth pushing or if I should trust my command and keep it in-house.
Yeah, that’s true. A court martial can refuse to take your case, especially if they think it’s not strong enough. It’s a risk, but it depends on your defense.
Tallis said:
Yeah, that’s true. A court martial can refuse to take your case, especially if they think it’s not strong enough. It’s a risk, but it depends on your defense.
So if I go for court martial, they could just not take it? That doesn’t sound fair… 
@Chandler
Yep, they can. It really depends on the case and the evidence. If the court feels it’s not worth it, they may not take it on.
It might be better to trust your command if they’re backing you. If they think it’s out of character for you, that could work in your favor. A court martial is a bigger gamble.
Ren said:
It might be better to trust your command if they’re backing you. If they think it’s out of character for you, that could work in your favor. A court martial is a bigger gamble.
Yeah, I’ve been thinking about that. My command does have my back, but I just want to make sure I’m not missing something.
Honestly, I’d stick with NJP if you can. Court martial is a long shot, and without strong evidence, it’s tough to win. Plus, you get to keep it in-house.
Valen said:
Honestly, I’d stick with NJP if you can. Court martial is a long shot, and without strong evidence, it’s tough to win. Plus, you get to keep it in-house.
Right, that’s what I’m leaning towards. Just worried it might seem like I’m giving in.
You don’t have to prove you didn’t ingest the substance, you’d have to show a failure in the chain of custody. If the command didn’t follow procedures, that could be key.
Milan said:
You don’t have to prove you didn’t ingest the substance, you’d have to show a failure in the chain of custody. If the command didn’t follow procedures, that could be key.
That’s what I was thinking. They didn’t retest me after the initial pop, even though I asked. Who’s supposed to audit the labs though?
@Misha
The Inspector General’s Office usually handles that. They can check if procedures were followed.
I’d talk to a military lawyer if you haven’t already. They can help you figure out your best move and explain your options in more detail.
Zaren said:
I’d talk to a military lawyer if you haven’t already. They can help you figure out your best move and explain your options in more detail.
I haven’t talked to one yet, but I’ll reach out. Thanks for the suggestion!