RE: Modified PTA

[Haytham Faraj <haytham@puckettfaraj.com>]

That's the only change I made. I told the prosecutor were keeping the "no
show cause" language in there for the General to personally disapprove.
They cannot bring up 120 charges.  They may bring up the conduct but they
would have done that anyway even with the just "drunk" language. There are
no rules at the BOI so everything goes.

Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
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-----Original Message-----
From: Rowe Maj Carlos O [mailto:carlos.rowe@usmc.mil] 
Sent: Tuesday, September 21, 2010 10:40 AM
To: Haytham Faraj; Hur Capt Christian P
Subject: RE: Modified PTA

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.