TSgt Acquitted After Two Positive Military Urinalysis Tests

Air Force E-6 tested positive for D-Amphetamines on a military urinalysis test.  When he was pulled in for questioning by OSI, he was ordered to provide another urinalysis sample.  This second sample also tested positive for D-Amphetamine.  Based on the nanogram levels and time between urinalysis collections, the two tests were clearly the result of two separate ingestions of D-Amphetamine.  At his subsequent court-martial, we were able to demonstrate that our client had unknowingly ingested his wife’s Adderall prescription on numerous occasions.  Our cross examination of the government’s forensic toxicologist led to her conceding the scientific plausibility of this explanation, based both on the nanogram levels of each sample, as well as the ration of D-Amphetamine to L-Amphetamine in the urinalysis collections.  Result: The member panel found our client NOT GUILTY.

Category: Positive Urinalysis Success Stories

Rape Charges Against Air Force E-4 Withdrawn and Dismissed

Our client was charged with raping/sexually assaulting his wife.  Immediately following the alleged incident, our client’s wife went to the hospital where medical personnel treated her for an injury in her vaginal area.  In addition, our client allegedly made statements admitting that he raped his wife to his best friend and to a marital counselor.  JAG Defense was retained after the Article 32 hearing and after charges had been referred to trial by General Court-Martial.  Our investigation identified numerous inconsistent statements by our client’s ex-wife, as well as multiple motives to fabricate her allegations, to include adulterous relationships and her identity theft/credit card fraud using our client’s identity.  Armed with this information, we were able to negotiate an alternate disposition on behalf of our client, which included the government’s agreement to WITHDRAW and DISMISS all charges against our client – No Conviction, No Sex Offender Registration, No Confinement, and No Punitive Discharge.  Further, we were able to negotiate a General (Under Honorable Conditions) characterization for our client, which guarantees his continued eligibility for Veterans’ Benefits.

Category: Military Success Stories

Rape Charges Against Air Force Officer Withdrawn/Dismissed

Air Force O-3 was accused of breaking into a female officer’s house and raping her.  At the ensuing Article 32 hearing, we aggressively cross-examined the alleged victim, highlighting many aspects of her testimony that impeached her credibility, including (a) her multiple motives to fabricate, (b) numerous inconsistent statements, and (c) the sheer incredibility of her story.  Further, we presented the eyewitness testimony of the alleged victim’s roommate, who testified that the alleged victim was actually on top of our client during the sexual intercourse.  Despite the significant problems with the government’s case that we exposed, the Convening Authority still referred the charges to a general court-martial, where our client faced the possibility of life in prison, a dismissal from the Air Force, a federal conviction, and a lifetime sex offender registration.  Prior to trial, JAG Defense negotiated an alternate disposition on behalf of our client, which resulted in administrative action for Unlawful Entry and Conduct Unbecoming an Officer and Gentleman.  Against the advice of his Staff Judge Advocate, the Convening Authority accepted our proposed resolution of the case.  Result: All court-martial charges WITHDRAWN AND DISMISSED WITH PREJUDICE.  No confinement, no conviction, no dismissal from the Air Force, and no sex offender registration.

Category: Military Success Stories

Air Force E-4 Retained Despite Substandard Performance

Prior to JAG Defense involvement, Air Force E-5 was administratively reduced in paygrade to E-4 for substandard performance of duty, and immediately recommended for administrative discharge. Over the course of his 18 year career, our client had received numerous negative performance reports, been downgraded in his skill level assessment, been previously separated due to Reduction in Force, had failed to progress in multiple career fields, and had received numerous Letters of Counseling/Admonition/Reprimand. Client hired JAG Defense to represent him at his administrative separation board for substandard duty performance. At his board, we convinced the member panel to vote 3-0 for Probation and Rehabilitation for our Client. Despite that recommendation from the Board, Client’s chain of command opted to deny Client the opportunity for Probation and Rehabilitation, and continued to pursue discharge. JAG Defense continued to work with Client to fight the discharge, to include having him assessed for ADHD (where he was prescribed much-needed medication), and transferred to a new unit for a fresh appraisal of his duty performance. We solicited duty performance endorsements from his new chain of command, obtained evaluations from medical providers for his ADHD, and fought the discharge all the way to the Office of the Secretary of the Air Force. RESULT: Despite strong recommendations for discharge from the Wing, NAF, and MAJCOM levels, our client was RETAINED by the Office of the Secretary of the Air Force and will RETIRE from the USAF.

Category: Military Success Stories

Air Force E-3 Acquitted in Cocaine Urinalysis Case

Air Force E-3 tested positive on a random urinalysis for cocaine. We focused our entire case on the possibility of an unknowing ingestion due to our client’s low nanogram level. At the conclusion of the case and while the members were deliberating, the military judge checked out of billeting, anticipating an acquittal after hearing our closing argument. Result: After only deliberating for only 32 minutes, the officer panel ACQUITTED our client of the charge against her. 

Category: Positive Urinalysis Success Stories

Air Force E-3 Acquitted After Aggressive Cross-Examination

Air Force E-3 was an activated Reservist who tested positive on a random urinalysis test for cocaine. His command sent his case to a Special Court-Martial, where he faced the possibility of a criminal record, confinement for one year and a punitive discharge. At the court-martial, we aggressively cross-examined the government’s expert toxicologist and forced him to admit that unknowing ingestion of cocaine was a possibility given the evidence presented by the government. At the conclusion of the government’s case, we saw no need to present any defense evidence. Result: Client was ACQUITTED of the charge against him.

Category: Positive Urinalysis Success Stories

Master Sergeant Retained in Air Force Reserve with No Misconduct Found

A Master Sergeant in the Air Force Reserve with over 28 years of service tested positive on a random urinalysis test for cocaine. Without so much as a shred of additional evidence, our client’s command immediately recommended administrative discharge and sought to characterize his service as Under Other Than Honorable Conditions. At his subsequent administrative discharge board, our cross-examination of the client’s Commander highlighted the command’s rush to judgment. Further, the Commander admitted under oath that he blatantly ignored later allegations of misconduct by individuals involved in the collection of our client’s urinalysis sample that were brought to his attention. The O-6 Senior Member of the administrative discharge board was so troubled by the Commander’s inaction that he initiated an independent investigation into his handling of the situation. In addition, the panel voted that our client committed NO MISCONDUCT and he was RETAINED in the Air Force Reserve. 

Category: Positive Urinalysis Success Stories

JAG Defense Uncovered Errors at Air Force Drug Testing Laboratory

Air Force E-4 took leave in Central America. Upon his return, he tested positive for cocaine on a random urinalysis. During our investigation of our client’s case, we uncovered numerous errors and oversights that occurred at the Air Force Drug Testing Laboratory on the same day that our client’s sample was tested. Further, we found that one of the Laboratory’s employees involved in testing our client’s sample was later found to be a marijuana user himself. At our client’s court-martial, we were able to elicit this information entirely upon cross-examination of the government’s witnesses. As such, when the government rested their case, we saw no need to present any evidence at all and our client did not even testify. Result: Client was found NOT GUILTY of the charge against him. 

Category: Positive Urinalysis Success Stories

Air Force O-4 Found Not Guilty of Wrongful Use of Cocaine

An Air Force O-4 was charged with the wrongful use of cocaine based upon results of random urinalysis testing. After a four day trial, our client was found NOT GUILTY by court members.

Category: Positive Urinalysis Success Stories

Air Force O-3 Found Not Guilty After Testing Positive for Cocaine

Air Force O-3 (O-4 Select) tested positive for cocaine on a unit sweep urinalysis. During our case investigation, our client’s wife admitted to using cocaine on a regular basis within the home without our client’s knowledge. Despite making this fact known to our client’s command well in advance of trial, his command still referred his case to a General Court-Martial, where he faced the possibility of 5 years confinement and a dismissal from the Air Force. At trial, we successfully demonstrated the realistic possibility that our client could have unknowingly ingested an amount of cocaine sufficient to produce his positive urinalysis. After only 29 minutes of deliberations, the member panel found our client NOT GUILTY of the charge against him. 

Category: Positive Urinalysis Success Stories