Navy E-5 Retained After Positive Urinalysis

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. 

Category: Positive Urinalysis Success Stories

Naval Officer Found Not Guilty After Positive Urinalysis for Cocaine

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. 

Category: Positive Urinalysis Success Stories

Panel of Marine Corps Officers Found USMC E-4 Not Guilty

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. 

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

No Misconduct Found After Navy E-6 Tested Positive for Marijuana

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. 

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

USMC E-3 Found Not Guilty After Mistakenly Ingesting Cocoa Tea

USMC E-3 tested positive for cocaine on a unit sweep urinalysis. While investigating the case, the military lawyers at JAG Defense uncovered a potential source of innocent ingestion resulting in the positive urinalysis test. Our client had ingested cocoa tea, believing it to be regular iced tea. At our client’s subsequent court-martial, we presented forensic evidence that confirmed the presence of cocaine in the cocoa tea. Further, during our cross-examination of the government’s own expert forensic toxicologist, she conceded that our client’s nanogram level was consistent with the innocent ingestion of this cocoa tea in the days leading up to the urinalysis collection. Result: Our client was found NOT GUILTY of the charge.

Category: Positive Urinalysis Success Stories

Air Force E-7 Found Not Guilty of Charges of Marijuana Use

Air Force E-7 tested positive on a random urinalysis for marijuana. Compounding the situation, the government discovered that our client had lied regarding his tobacco and alcohol use over his entire career, and then attempted to use this information to portray our client as an exceedingly untruthful person. At his subsequent court-martial, the military lawyers at JAG Defense challenged the laboratory’s testing methods and presented compelling evidence of our client’s exceptional military character. Despite the government’s Result: The officer members found our client NOT GUILTY of the charge against him.

Category: Positive Urinalysis Success Stories

Air Force E-7 Found Not Guilty After Positive Urinalysis for Marijuana

Air Force E-7 tested positive on a random urinalysis for marijuana. At his subsequent court-martial, the military lawyers at JAG Defense challenged the laboratory’s testing methods and presented compelling evidence of our client’s exceptional military character. Result: The officer members found our client NOT GUILTY of the charge against him.

Category: Positive Urinalysis Success Stories

JAG Defense Uncovered Problems with Urinalysis Sample Collection

Navy E-5 tested positive on a random urinalysis test for cocaine, and (under the Navy’s Zero Tolerance policy) was processed for administrative separation with a possible OTH characterization of service. The military lawyers at JAG Defense conducted a full investigation into the urinalysis program at the command, uncovering a number of problems with the collection of our client’s urinalysis sample. These problems included the command’s drug collection program using the wrong Social Security Number for our client since his arrival at the command. Further, our cross-examination of the government’s forensic toxicologist demonstrated the possibility that our client could have unknowingly or innocently ingested cocaine, given his extremely low nanogram level. Result: The member panel voted 3-0 that NO MISCONDUCT had occurred, and our client was RETAINED in the Navy.

Category: Positive Urinalysis Success Stories