Urine Analysis Success Stories

Brief summaries of JAG Defense’s Representative Cases for Urine Analysis cases are listed below.

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.

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.

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.

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.

Navy Civilian Employee Innocently Ingested Cocaine Via Organic Tea

Navy civilian employee, who was also a Lieutenant Colonel in the U.S. Army Reserve, tested positive for cocaine on a random urinalysis test. He was administratively suspended from his position with the Navy, and the Army initiated administrative discharge processing. After retaining the lawyers at JAG Defense, we identified a potential source of the cocaine – our client had purchased and consumed Delisse Organic Tea at a health food store in California. This tea was legally available and contained no warnings regarding the possible presence of cocaine. We arranged to have the tea forensically tested, which revealed the presence of cocaine. Our lawyers put together a comprehensive package detailing the presence of cocaine in the tea, eyewitness statements surrounding our client’s innocent purchase and ingestion of the tea, and detailed scientific proof that established that our client’s nanogram levels were consistent with his unknowing use of the tea. The Department of the Navy Central Adjudication Facility granted the client’s clearance without the client having to go through a Personal Appearance. Further, the Army terminated all administrative discharge processing based on our client’s innocent ingestion of cocaine.

Full Acquittal Found for Army E-6 After Positive Urinalysis Test

Army E-6 tested positive on a military urinalysis test for cocaine. During his interview with CID, he denied using cocaine as alleged. His command offered him a Field Grade Article 15 for cocaine use and false official statement, which would have prompted administrative separation processing and ended his career. Based upon the advice of JAG Defense, our client turned down the Article 15 and demanded a court-martial. At his subsequent court-martial, we presented compelling evidence of our client’s good military character, as well as the possibility of an unknowing ingestion. Result: Full Acquittal. 

Air Force O-5 Found Not Guilty of Wrongful Use of Methamphetamine

JAG Defense represented an Air Force O-5 at his court-martial for the wrongful use of methamphetamine, where he was found NOT GUILTY. Furious with the court-martial results, and citing a seldom-used provision in the AFI, our client’s chain of command then processed him for administrative separation based on the same allegation of methamphetamine use. Further, at his Board of Inquiry, the government introduced new evidence that our client had solicited a prostitute while TDY in the days leading up to his positive urinalysis test. Despite the admission of such prejudicial evidence, we were still able to convince the member panel that our client committed NO MISCONDUCT, and he will continue his Air Force career. 

Full Acquittal for Navy E-3 After Positive Urinalysis Test for Cocaine

Navy E-3 tested positive on a urinalysis test for cocaine. His command took him to Captain’s Mast, but based upon the advice of JAG Defense, our client turned down the Mast and demanded a court-martial. During the discovery process prior to the court-martial, JAG Defense exhaustively analyzed the command’s collection program, uncovering numerous systemic problems, as well as mistakes made on the day of our client’s urinalysis collection. At the court-martial, JAG Defense attacked the command’s collection program, demonstrating its unreliability. In addition, we presented compelling evidence of our client’s good military character, as well as the possibility of an unknowing ingestion. Result: Full Acquittal. 

Full Acquittal for Army E-3 After Positive Urinalysis Test for Cocaine

Army E-5 tested positive on a urinalysis test for cocaine. At his ensuing court-martial for cocaine use, we raised the possibility of unknowing/innocent ingestion. We were able to do so without even subjecting our client to the risks of testifying. In addition, we presented compelling evidence of our client’s exceptional military character through the testimony of numerous peers and supervisors. Result: Full Acquittal.

Air Force E-6 Retained After Testing Positive for Marijuana

Air Force E-6 with over 18 years of service was admitted to a civilian hospital. During her hospital stay, she allegedly tested positive for marijuana. Her command issued her a Letter of Reprimand (LOR), established an Unfavorable Information File (UIF), and initiated a separation action against her. Without even needing a board hearing, we were able to convince her command that the positive urinalysis was unreliable, that the LOR and UIF should be rescinded, and that separation action processing should cease immediately. Result: Our client was RETAINED without having to go through the stress and uncertainty of an administrative discharge board.

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