Military Sexual Assault and Sexual Harassment Charges Dropped Against Navy E-7

Navy E-7 was charged with the sexual assault and sexual harassment of 3 junior Sailors in his division.  If convicted, our client was facing the possibility of confinement and a punitive discharge, and would have had to register as a sex offender.  Through JAG Defense’s pretrial investigation and negotiations, we were able to convince the chain of command to WITHDRAW AND DISMISS ALL CHARGES against our client.  Instead, he accepted Nonjudicial Punishment for his admitted simple assault of 1 of the females, thereby avoiding a federal criminal record, confinement, and a sex offender registration.

Category: Military Success Stories

USMC E-4 Rape Charges Withdrawn and Dismissed

USMC E-4 engaged in consensual sexual activity with a fellow Marine while she was TDY for a school, who happened to be engaged to be married.  Following their sexual encounter, the female Marine PCSed to her permanent duty station.  The two continued to keep in touch via text messaging, to include friendly and flirtatious messages with each other.  When the female Marine’s fiancé discovered the text messages, however, he became upset.  Thus, over four months after it happened, the female Marine claimed that the sexual activity that occurred with our client was actually a “rape.”  Charges were referred to trial by General Court-Martial, where our client faced the possibility of confinement for life, a dishonorable discharge, and a sex offender registration.  Prior to trial, the defense presented evidence of the friendly text messages, her motive to fabricate, and numerous inconsistent statements, yet the chain of command did not halt the court-martial proceedings.  During our continued pretrial investigation, we uncovered information that our client was not the only Marine with whom the alleged victim engaged in sexual activity while attending the course.  We submitted notice to the trial counsel, and to the alleged victim, that the defense intended to present evidence of these incidents of sexual activity with other Marines, including asking her (now) husband about them.  The very next day, the alleged victim sent a letter to the convening authority declining to participate in any further judicial proceedings against our client.  The charges against our client were subsequently WITHDRAWN AND DISMISSED, meaning our client will not even have to go through the stress and anxiety of a court-martial to clear his name.

Category: Military Success Stories

Proactive Urinalysis Defense Results in Withdrawal/Dismissal of Charges

USN E-5 tested positive on a command-sweep urinalysis for cocaine.  His command began preparations for Captain’s Mast and an Administrative Discharge Board.  Immediately after being retained, the attorneys of JAG Defense began a thorough investigation into the allegations of drug abuse.  In doing so, we identified a suspicious tea consumed by our client in the days leading up to the urinalysis collection.  We arranged to have the tea tested by a private laboratory, which confirmed the presence of coca leaf in the tea.  Armed with this scientific evidence, our attorneys prepared a comprehensive and compelling package detailing the findings of our investigation and provided it to the chain of command, to include the laboratory results, sworn affidavits of witnesses, and scientific articles about urinalysis testing following the ingestion of “coca tea.”  Result: Without even having to go to a discharge board hearing, the charges against our client with WITHDRAWN and DISMISSED.

Category: Positive Urinalysis Success Stories

Sexual Assault Charges Withdrawn and Dismissed Against Sergeant of Marines

USMC E-5 was placed into pretrial confinement based upon 14 charges of sexual assault of a junior female Marine, as well as a myriad of unrelated charges.  The client retained the military attorneys of JAG Defense to represent him.  Immediately upon being retained, JAG Defense began investigating the allegations of sexual assault, uncovering a critical witness unknown to NCIS or the prosecution who spoke with the “victim” only minutes after the alleged sexual assault.   Following our discovery of this exculpatory witness, we made repeated demands for a speedy trial.  At our client’s Article 32 hearing, our aggressive cross-examination of the “victim” highlighted numerous inconsistencies in her story, established a motive to fabricate the allegations against our client, and trapped her in a blatant lie during her sworn testimony, which she was forced to admit under oath.  In addition, we presented the testimony of the exculpatory witness, who testified that immediately following the alleged sexual assault, the “victim” was excited, happy, and bragging that she had fooled around with our client.  Following the Article 32 hearing, we convinced the Commanding General to WITHDRAW AND DISMISS all sexual assault charges against our client in exchange for guilty pleas to the other unrelated charges.  Result: Our client was released from confinement with time served and avoided having to register as a sex offender.

Category: Military Success Stories

JAG Defense Presented Evidence of Collection Facility Errors

A Navy E-5 tested positive for marijuana on a random urinalysis test. At his subsequent administrative discharge board, we presented evidence that the collection facility committed errors on 96% of the urine samples provided. Result: The board members voted to RETAIN our client. 

Category: Positive Urinalysis Success Stories

Navy Reserve Officer Retained After 3-0 Vote by Show Cause Board

An Officer in the Navy Reserve tested positive for cocaine at a level approximately 100 times the Department of Defense cutoff. Our investigation into the command’s urinalysis program unearthed a history of errors and noncompliance with the applicable OPNAVINST. At our client’s subsequent Show Cause Board, we presented evidence that the collection facility had an error rate of over 25%. Result: The members voted 3-0 that our client committed NO MISCONDUCT and he was RETAINED in the Navy Reserve. 

Category: Positive Urinalysis Success Stories

No Misconduct Ruling After Navy E-3 Tested Positive for Amphetamines

A Navy E-3 tested positive for amphetamines on two separated urinalysis tests two days apart. After retaining our services, we worked with an expert toxicologist and ascertained that both of his positive military urinalysis tests were caused by his ingestion of Adderall, a prescription medication. Our subsequent investigation found that our client had unknowingly ingested an Adderall in the days leading up to both of his urinalysis tests. At his administrative discharge board, our cross-examination of the government’s expert witness led to his acknowledgment that the timing of ingestion, the specific nanogram level, and the proposed medication that we had presented as an explanation for the urinalysis tests was entirely consistent with the urinalysis testing results. Result: By a vote of 3-0, the board determined that our client committed NO MISCONDUCT and he was RETAINED in the U.S. Navy. 

Category: Positive Urinalysis Success Stories

No Misconduct Found in Cocaine Urinalysis Case

A Navy E-6 (frocked) tested positive for cocaine on a random urinalysis. At his administrative discharge board, we demonstrated the command’s gross noncompliance with the OPNAVINST governing urinalysis collection procedures. Specifically, we highlighted numerous chain of custody violations that occurred during the collection of our client’s urinalysis sample. Result: By a vote of 3-0, the board members found that the preponderance of evidence supported a finding of NO MISCONDUCT and our client was RETAINED in the U.S. Navy. 

Category: Positive Urinalysis Success Stories

JAG Defense Team Argued That Sailor Accidentally Ingested Cocaine

Navy E-6 tested positive on a random urinalysis test for the second time in his career. After being informed of the results of the urinalysis test, the Sailor provided a sworn, written statement admitting that his roommate frequently used cocaine and marijuana at their apartment. The Sailor also admitted that he thought he felt the effects of cocaine on the day before his urinalysis test. At his administrative discharge board, we convinced the members that the Sailor could have accidentally ingested cocaine. Result: By a vote of 3-0, the member panel found NO MISCONDUCT and our client was RETAINED in the U.S. Navy. 

Category: Positive Urinalysis Success Stories

Navy Master Chief Found Not Guilty After Positive Urinalysis Test

A Navy Master Chief with over 28 years of service tested positive for cocaine on a random urinalysis. At his subsequent Special Court-Martial, we presented extensive evidence of our client’s exceptional military character and the possibility of an unknowing ingestion of cocaine due to his low nanogram level. Result: The member panel found him NOT GUILTY of the charge and our client’s outstanding military career continued unblemished. 

Category: Positive Urinalysis Success Stories