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.

A Master Sergeant in the Air Force Reserve with over 28 years of service tested positive on a random urinalysis test for cocaine. Without so much as a shred of additional evidence, our client’s command immediately recommended administrative discharge and sought to characterize his service as Under Other Than Honorable Conditions. At his subsequent administrative discharge board, our cross-examination of the client’s Commander highlighted the command’s rush to judgment. Further, the Commander admitted under oath that he blatantly ignored later allegations of misconduct by individuals involved in the collection of our client’s urinalysis sample that were brought to his attention. The O-6 Senior Member of the administrative discharge board was so troubled by the Commander’s inaction that he initiated an independent investigation into his handling of the situation. In addition, the panel voted that our client committed NO MISCONDUCT and he was RETAINED in the Air Force Reserve. 

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. 

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.

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. 

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 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 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.