USMC Gunnery Sergeant Cleared of Positive Urinalysis Test

A decorated Gunnery Sergeant retained JAG Defense after she allegedly tested positive for D-Amphetamines on a random urinalysis test.  During our initial investigation of the case, we uncovered significant issues with our client’s urinalysis sample.  Using the collection program’s own records, we were able to demonstrate that the collection program had mislabeled another Marine’s urinalysis sample with our client’s information.  We presented this information to the command, which resulted in NO CHARGES even being filed against our client.

Category: Positive Urinalysis Success Stories

Army E-7 Acquitted of Drug Charge

Army E-7 tested positive on a unit sweep urinalysis test for marijuana and his chain of command referred his case to a court-martial.  Complicating matters, our client also tested positive on a urinalysis test for marijuana fifteen years earlier, which the government sought to introduce as evidence of a pattern of drug involvement.  Our client also had been counseled on numerous occasions for integrity issues.  As a result, if our client testified, the panel would have learned that he had a history of making false statements and had a previous positive test result for marijuana.  Since we were significantly limited in what type of case we could present due to these prior incidents, our attorneys instead attacked the collection program at the command, highlighting numerous instances of non-compliance with AR 600-85.  Result: Even without testifying, our client was found NOT GUILTY of wrongful marijuana use.

Category: Positive Urinalysis Success Stories, Uncategorized

Army E-4 Found Not Guilty by Officer Member Panel

Army E-4 tested positive on a random urinalysis test for marijuana at a nanogram level 5x the DoD cutoff.  Upon our advice, he refused to accept nonjudicial punishment.  His chain of command elected to refer his case to a Special Court-Martial.  During the ensuing court-martial, the defense argued that even if the urinalysis test was accurate, the government failed to present evidence that our client’s use of marijuana was knowing and conscious, as required by Article 112a, UCMJ.  Following closing arguments, the officer panel deliberated for only 13 minutes before returning a verdict of NOT GUILTY.

Category: Positive Urinalysis 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

No Misconduct Finding for Navy E-4 After Positive Urinalysis Test

Navy E-4 tested positive on a urinalysis test for benzoylecgonine, the metabolite for cocaine.  He immediately retained the services of JAG Defense to represent him.  His command initiated Captain’s Mast, which he refused to accept.  As anticipated, his command opted not to pursue a court-martial, and instead sent his case directly to an administrative separation board.  At his subsequent board, JAG Defense presented testimony from a local bouncer who admitted to spiking our client’s drink with cocaine.  In addition, the government’s expert in forensic toxicology admitted during our cross-examination that the nanogram level in our client’s sample was scientifically consistent with the explanation of the spiked drink, and that our client’s test results were so low that he may not have even felt the effects of cocaine, let alone used it intentionally.  Result: The members voted 3-0 that our client committed NO MISCONDUCT and to RETAIN him in the U.S. Navy.  

Category: Positive Urinalysis Success Stories

Naval Officer Retained After Positive Urinalysis for d-Amphetamines

Navy O-5 tested positive for d-amphetamine on a random urinalysis test and was processed for administrative discharge at a Board of Inquiry.  JAG Defense fully investigated the circumstances of his positive urinalysis test, to include a review of the toxicology report from the drug testing laboratory.  In doing so, we uncovered a number of important aspects of our client’s drug test result.  First, the ration of d-amphetamine to l-amphetamine present in our client’s urine sample was 3:1, which indicated that the positive test result was due to a prescription medication, rather than a “street” amphetamine.  Specifically, the ratio was entirely consistent with Adderall, a commonly prescribed medication for ADHD.  Further, the d-amphetamine to l-amphetamine ratio was consistent with a recent use (within 12-24 hours), rather than a use that occurred many days earlier.  This was particularly important because our client’s nanogram level was fairly low, so it ruled out the government’s argument that he had used a significant amount many days earlier and probably had a much higher level at some point.  Armed with this information, we investigated our client’s actions in the 12-24 hours prior to his urinalysis test, which included his handling his wife’s Adderall medication on the morning of his urinalysis test.  At his Board of Inquiry, we presented testimony from a forensic toxicologist to demonstrate that our client’s test result was entirely consistent with his accidental ingestion of some minute amount of his wife’s Adderall on the morning of the test collection.  Result: By a vote of 3-0, the panel of O-6 officers found that our client had committed NO MISCONDUCT and RETAINED him in the U.S. Navy. 

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

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

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