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. 

Navy E-5 tested positive on a unit sweep urinalysis test. During our investigation, we uncovered numerous problems with the command’s urinalysis procedures, which we highlighted for the members at our client’s discharge board. In addition, we demonstrated through the testimony of a toxicologist that our client’s nanogram level was entirely consistent with the possibility of unknowing ingestion. Finally, we also presented evidence of our client’s actions on the day of the urinalysis that indicated his innocent state of mind. At the conclusion of the evidence, the members found that our client had committed NO MISCONDUCT and he was RETAINED in the U.S. Navy. 

Based upon a positive urinalysis test, a Naval officer was charged with cocaine use. At his General Court-Martial, he faced the possibility of confinement for 5 years and a Dismissal from the Navy if convicted. Our attorneys focused their attack on the government’s lack of any evidence that our client knowingly used cocaine. Result: without even having to testify, our client was found NOT GUILTY by a panel of officers. 

USMC E-4 allegedly tested positive on a urinalysis test for cocaine prior to a deployment. At his court-martial, and after a year-long investigation, we attacked the command’s flawed urinalysis program and forced the government’s own expert to admit during cross-examination that unknowing ingestion or innocent ingestion was a reasonable possibility based on our client’s nanogram level. At the close of the government’s case, the defense rested without needing to present a shred of evidence or have our client testify. Result: A panel of Marine Corps officers needed only 24 minutes to find our client NOT GUILTY of the charge against him. 

Navy E-6 with 18½ years tested positive on a urinalysis test for marijuana at a level of 42 ng/mL. Upon our advice, he refused Captain’s Mast and demanded a court-martial. When his command refused to permit him to present his case at a court-martial, we represented the First Class Petty Officer at his administrative separation board. There, we presented evidence that our client knew the urinalysis was coming, that he could have possibly unknowingly ingested marijuana to cause a test result with a nanogram level like his, and that he had passed a civilian polygraph examination. The members deliberated only 8 minutes before returning a 3-0 vote for NO MISCONDUCT. Our client will continue on in his career and will be able to RETIRE.