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

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

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

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

No Misconduct Found After Sailor’s Positive Urinalysis for Cocaine

After a port call in Honduras, two Navy Sailors tested positive for cocaine during the same command-wide urinalysis. They were both found guilty at Captain’s Mast and sent to administrative discharge boards. One Sailor opted to retain our services to represent him at his board and one Sailor opted to be represented by military counsel. The Sailor represented by military counsel was found to have committed the misconduct and was administratively separated from the Navy. The very next day, our client was found to have committed NO MISCONDUCT and was RETAINED at his administrative discharge board. Later, we petitioned the Commanding Officer to SET ASIDE the results of the previous Captain’s Mast and our client was restored to his previously held rank. 

Category: Positive Urinalysis Success Stories

Navy AT3 Retained After Testing Positive for Cocaine

A Navy AT3 tested positive for cocaine on a random urinalysis. His command conducted an exhaustive inquiry into the urinalysis program and his urinalysis test and determined that his urinalysis test was conducted correctly. Despite the command’s investigation, we convinced the members at our client’s subsequent administrative discharge board that the preponderance of the evidence did not support a finding that our client knowingly used cocaine. Result: The members voted 3-0 found that our client had committed NO MISCONDUCT and RETAINED him in the U.S. Navy. 

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

Navy E-6 Found Not Guilty for Cocaine Ingestion

A 16-year Navy E-6 tested positive for cocaine on a random urinalysis test. Prior to consulting with us, he consented to (and did not pass) two NCIS polygraph examinations. When his command took him to an administrative discharge board, we presented concrete evidence that our client’s wife had “spiked” the sugar bowl with cocaine. As a result, our client had unknowingly put cocaine into his morning coffee. On cross-examination of the government’s expert toxicologist, the expert conceded that the nanogram levels exhibited in our client’s urinalysis test were entirely consistent with our defense given the amount of cocaine ingested and the time between ingestion and the urinalysis test. Result: The members voted 3-0 that our client had committed NO MISCONDUCT and he was RETAINED in the U.S. Navy. 

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