Unless I missed something, the only change is to the specification "drunk and disorderly" vice just "drunk". The recommendation to NOT SHOW CAUSE is still present. So basically I will be facing the same charge with the potential for them to bring up the Article 120 (without charging it) as a result of disorderly conduct. Am I reading too much into this? The same argument (discussion) that will be used during the NJP will apply regardless if the charge is drunk or drunk and disorderly. However, it does appear the prosecution is leaning towards being able to used the Art 120 to demonstrate disorderly conduct(???) Understand the clock is ticking so please allow me a few minutes to digest this. Thanks again for everyone's hard work IRT this...... Major Carlos Rowe Deputy G-6 Marine Corps Mobilization Command 15303 Andrews Road Kansas City, MO 64147-1207 Office: 816-843-3487 Cell: 816-896-8595 -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Tuesday, September 21, 2010 9:23 To: Rowe Maj Carlos O Cc: Hur Capt Christian P Subject: Modified PTA Carlos, The Prosecutor rejected the offer we submitted yesterday. Their position is if you're only going to plead to one specification, it should read "drunk and disorderly." This is by no means fatal and as I told you before expected. I still think an NJP is in your best interest. Even if the General decides not to agree to the "no show cause language," I feel confident that he may not recommend anyway or even if he recommends show cause, we will prevail at a BOI. A BOI is more difficult to win if there's a conviction at a court-martial. I like our chances with the NJP and your record of service. I have attached the modified PTA. s/f Haytham Faraj, Esq. PUCKETT & FARAJ, PC _______________________ WASHINGTON DC METRO 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone DETROIT METRO 6200 Schaefer Road Suite 202 Dearborn, MI 48126 313-457-1390 Phone 202-280-1039 Fax www.puckettfaraj.com <http://www.puckettfaraj.com/> The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution.
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