Facing military drug charges can be stressful with feelings of being unsure about the future. Drug use is prohibited by the UCMJ including wrongful possession and illicit use as well as introducing drugs onto a military installation. Command policies may prohibit the use of new substances and possession of drug paraphernalia. The most common military drug charge is wrongful possession.
A Positive Urinalysis
While there are several types of drug
charges, typically a urinalysis is done to determine if it is a case
of wrongful use. In many cases, the proof of these charges is a
positive urinalysis. If this is the only proof of wrongful drug use,
it is referred to as “naked.” This means there is only the lab
test to prove it. Appellate opinions now require the prosecution to
find more witnesses than in the past. As a result, case law has been
developed that requires the expertise and knowledge of a UCMJ
defender who knows what objections to make. It is also important to
hire an attorney who understands the urinalysis system in the
military.
Tireless Defense
A dedicated attorney will review the
applicable case law and determine areas that could cause rise to
objections. This can include testing the reliability of the materials
used to conduct the lab tests and more. It is a rare case when the
prosecution has both positive lab tests and eyewitnesses who saw the
person using drugs. A defense attorney can also search for bias
evidence. Finding the right paperwork and timing to ensure the
prosecution is caught off guard are potential ways an attorney can
help defend a military member against these charges, which are often
handled by non-judicial punishment. Despite this fact, it is
imperative to hire a seasoned attorney to represent your legal
interests and protect your military career, benefits, and future.
There are risks associated with a federal conviction.
A military member facing drug
charges needs to have a knowledgeable advocate. Consult with an
attorney who understands the UCMJ as well as the various aspects of
defending a military member accused of drug use or possession.
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