How can a service member overcome drug charges?

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors

Experienced military drug crime attorneys know how to defend service members against charges related to the use, possession, manufacture, distribution, and import or export of drugs. Due to the serious potential punishment, it may be wise to hire a civilian military defense attorney rather than trust your fate to a free court-appointed defense counsel who may be inexperienced and overworked.

Depending on the circumstances of the case, drug use defenses may include some of the following:

  • the drug use was not wrongful because the drug was prescribed
  • the service member unknowingly ingested a controlled substance
  • the wrong drug test was conducted
  • proper testing procedures were not followed
  • the service member’s positive drug test was a false positive.

In cases of alleged intentional drug use, a good court-martial defense attorney can present mitigating factors like the service member’s general good character and past good record of military service.

With respect to the possession or distribution of banned substances, defense attorneys will review the circumstances surrounding the search that led to the drugs to see if anything unlawful occurred. In the event of a violation of the accused service member’s civil rights or violations of proper procedure, the drug and other evidence obtained through this illegal search may not be admissible in the case against the service member. Even if the search was lawfully-conducted, if drugs were found in common areas, the defense attorneys can challenge who the actual possessor was.

Two Navy sailors aboard the Ronald Reagan have been accused of “running an LSD ring” from the ship and are facing a court martial for military drug crimes. One faces charges for “using, possessing, and distributing” LSD while the other is charged with “distributing LSD and possessing nandrolone decanoate–an anabolic steroid.” Three other sailors are reportedly awaiting Article 32 proceedings and/or decisions to see if they will face possible conspiracy to distribute and wrongful use and possession charges.

The military takes drug charges very seriously and doles out significant punishment as a consequence if convicted after court-martial–often including jail time. So, it’s wise to get an attorney on your side as soon as possible.
If you are facing drug charge allegations or fear they may be forthcoming, the military defense attorneys at Elkus, Sisson & Rosenstein, P.C. can help you. Contact us today for a free consultation.

From our offices in Colorado Springs and Denver, Colorado, we represent service members of all ranks, in all branches, anywhere in the world.

Other Posts

Can a Character Witness Help Your Court Martial Case?

Facing a court martial is a daunting experience that can have significant consequences on your military career and personal life. In such challenging times, every aspect of your defense strategy becomes important. One often overlooked but potentially powerful tool in your defense arsenal is a

Read More »

Unlawful Command Influence & Overturning Your Conviction

The military justice system is designed to uphold fairness and integrity, ensuring that service members receive a fair trial. However, the concept of unlawful command influence (UCI) can pose a significant challenge to the impartiality of military trials. Here’s what to know about unlawful command

Read More »

How Social Media Can Impact Your Court Martial Defense

Social media has become an integral part of our daily lives. While platforms like Facebook, X (formerly Twitter), and Instagram offer opportunities for communication and networking, they also present potential pitfalls, especially for those facing legal proceedings such as court martial. Here’s how social media

Read More »