Innocent Ingestion Defense for Positive Urinalysis

Army E-7 tested positive on random urinalysis for cocaine.  After hiring JAG Defense and following our advice, he refused his Article 15 and demanded trial by court-martial.  During our investigation into the circumstances surrounding his positive urinalysis test, we learned that he had ingested ron caña, a Puerto Rican homemade liquor made from sugarcane, that had been provided to him by a family member.  We arranged for the forensic testing of the ron caña, which revealed the presence of cocaine.  Armed with these test results, at our client’s ensuing court-martial, we elicited evidence scientifically corroborating the innocent ingestion defense from the government’s own expert witness, compelling him to concede that our client’s ingestion of the ron caña was entirely consistent with the urinalysis test results.  Our client did not even have to testify.  Result: Officer member panel found our client NOT GUILTY.

Category: Positive Urinalysis Success Stories

Sexual Assault Charges Dropped Against Army E-6

Our client was a Platoon Sergeant accused of sexually assaulting numerous junior female Soldiers within his Platoon, as well as kidnapping.  The fact that there were multiple female Soldiers independently making very similar allegations against our client created a very difficult and dangerous situation for our client.  Our client was facing a sex offender registration, confinement for life, and a dishonorable discharge.  Through lengthy negotiations with the chain of command, we were able to convince the Commanding General to WITHDRAW and DISMISS the most serious charges against our client, including the sexual assault and kidnapping charges.  Our client pleaded guilty only to assault and battery and having inappropriate relationships with female Soldiers in his Platoon.  Result: Our client will serve only 50 days of confinement, and will not have to register as a sex offender.

Category: Military Success Stories

Army E-6 Found Not Guilty of Drug Charge at Special Court-Martial

Army E-6 tested positive on a random urinalysis test for cocaine.  Both before and after the test, he made numerous inconsistent statements explaining how and why his sample would test positive.  At his Special Court-Martial, JAG Defense successfully convinced the military judge to suppress all of his incriminating statements, which eviscerated the government’s case against our client.  We then used the government’s own evidence to raise an innocent ingestion defense, rather than having to present any evidence of our own (which would have “opened the door” to our client’s statements being introduced as evidence).  Result: Without having to present any defense evidence or have our client testify, our client was found NOT GUILTY at his court-martial.

Category: Positive Urinalysis Success Stories

Army Officer Retained at Board of Inquiry

A Second Lieutenant in the Army National Guard tested positive for cocaine on a random urinalysis test.  At his subsequent Board of Inquiry, JAG Defense presented compelling evidence of his military character, numerous errors by the collection facility, and the possibility of an unknowing ingestion.  The officer panel voted 4-0 that there was insufficient evidence that our client had committed any misconduct, and RETAINED him in the Army National Guard. 

Category: Positive Urinalysis Success Stories

Army E-7 Avoids Confinement, Reduction and Discharge

Army E-7 was deployed to a Forward Operating Base in Afghanistan when he was discovered to be in possession of numerous Schedule III and IV drugs, to include prescription medications and steroids. A lengthy CID investigation ensued, and our Client was ultimately charged with the unlawful possession, use and distribution of numerous controlled substances, numerous charges of violating orders, obstruction of justice, false official statement, adultery, and fraternization. Client was facing decades of possible confinement time, as well as a Dishonorable or Bad Conduct Discharge from the Army, and hired JAG Defense to represent him. Over the course of 1½ years, JAG Defense investigated/negotiated/advocated on behalf of Client, culminating in our representation of him at his court-martial before a panel of Officer and Enlisted Members. RESULT: No Confinement, No Reduction in Paygrade, No Discharge.

Category: Military Success Stories

Army Sergeant Found Not Guilty After Ingesting Cocaine

An Army Sergeant First Class retained our services after testing positive for cocaine on a random urinalysis and his command sent his case to a Special Court-Martial. During our pre-trial investigation, we learned that our client had ingested a homemade liquor or “moonshine” in the days leading up to his military urinalysis test. We obtained a sample of this moonshine and secured government testing of the moonshine at the Armed Forces Institute of Pathology, which confirmed the presence of cocaine. Result: At his court-martial, our client was found NOT GUILTY of the charge against him. 

Category: Positive Urinalysis Success Stories

Panel of Army Officers Found Army E-4 Not Guilty

Army E-4 allegedly tested positive on a military urinalysis test. His command offered him non-judicial punishment. Following our advice, and against the advice of his military defense counsel, he refused to accept non-judicial punishment and demanded a court-martial. At that court-martial, we focused our defense on the flawed collection procedures used by our client’s command. We specifically highlighted numerous errors that occurred during the collection of our client’s sample, to include one error overlooked by both the unit’s collection personnel, the base’s collection personnel, and the testing laboratory that should have rendered the sample untestable. At the close of the government’s case, the defense rested without needing to present any evidence at all. RESULT: A panel of Army officers found our client NOT GUILTY of the charge against him. 

Category: Positive Urinalysis Success Stories

Army E-6 Found Not Guilty After Testing Positive for Marijuana

Army E-6 tested positive for marijuana on a command sweep urinalysis. He was offered an Article 15, but followed our advice in turning it down and demanding a court-martial. During exhaustive pretrial preparation, we identified errors and deviations from the Army Regulation governing urinalysis collection. At trial, we attacked the collection procedures used by his unit during the unit sweep. On cross-examination, we were able to elicit admissions from ASAP personnel that they made numerous mistakes in collecting our client’s sample, and that they should have invalidated the sample because of those mistakes. The officer member panel found our client NOT GUILTY of the charge against him.

Category: Positive Urinalysis Success Stories

Full Acquittal Found for Army E-6 After Positive Urinalysis Test

Army E-6 tested positive on a military urinalysis test for cocaine. During his interview with CID, he denied using cocaine as alleged. His command offered him a Field Grade Article 15 for cocaine use and false official statement, which would have prompted administrative separation processing and ended his career. Based upon the advice of JAG Defense, our client turned down the Article 15 and demanded a court-martial. At his subsequent court-martial, we presented compelling evidence of our client’s good military character, as well as the possibility of an unknowing ingestion. Result: Full Acquittal. 

Category: Positive Urinalysis Success Stories

Full Acquittal for Army E-3 After Positive Urinalysis Test for Cocaine

Army E-5 tested positive on a urinalysis test for cocaine. At his ensuing court-martial for cocaine use, we raised the possibility of unknowing/innocent ingestion. We were able to do so without even subjecting our client to the risks of testifying. In addition, we presented compelling evidence of our client’s exceptional military character through the testimony of numerous peers and supervisors. Result: Full Acquittal.

Category: Positive Urinalysis Success Stories