As a civilian attorney practicing as a military lawyer in courts-martial, I defend service members in all branches — Army, Navy, Air Force, Marine Corps, and Coast Guard — who are accused of use, possession, and distribution of drugs like marijuana, cocaine, methamphetamine, MDMA, and “Spice,” and who are facing legal actions such as court-martial, Article 32 investigation, Article 15 nonjudicial punishment (also known as NJP, captain’s mast, or office hours), and administrative separations. My law office is centrally located in the Dallas/Fort Worth, Texas area, which allows easy access to every military base in CONUS, as well as around the globe.
When a member pops hot on a urinalysis used in a military drug test, it begins an ugly cascade of adverse actions that range from administrative separation to court-martial. The accusation alone, based on a computer printout of a lab test that may or may not have been done properly, is often enough to destroy the career you’ve dedicated your life to. And in addition, your freedom and ability to make a living is now at risk.
Positive Test Results Don’t Equate to Guilt in a Military Drug Test
Not all urinalysis pops are due to criminal behavior. I have had success in cases by investigating the facts and showing that my client innocently ingested the substance rather than intentionally used it. The government has to prove, not just that you wrongfully used the substance, but that you KNEW you wrongfully used it. Other times I have been able to demonstrate how the collection or testing process was done improperly, resulting in an allegation that can’t be trusted. If the test results can be thrown out of court, you can see how the case becomes much better for the accused. This is why an experienced civilian defense counsel can truly make the difference between conviction and acquittal.
The bottom line is that you need the right lawyer to stand up for you in a military drug case. So if you’ve popped on a urinalysis, invoke your 31(b) rights and don’t make any statement! But whether you make a statement or not, contact me as soon as possible for a free consultation.