The Uniform Code of Military Justice (UCMJ) Article 112a prohibits the use, possession, manufacture, distribution, and import or export of drugs. All branches of the military take a zero tolerance approach to drug use and vigorously prosecute drug offenders. If you have tested positive for an illegal substance, to include spice, or are being investigated for involvement in a drug offense, you are likely to face significant punishment as a consequence, oftentimes a court-martial or jail time.
A positive urinalysis or UA is the most common drug offense our clients face. Our experience with these sorts of cases means we have developed an aggressive system for defending against a positive UA.
First, not all drug use is wrongful. For example, if you have a prescription for the substance that triggered positive result, we can help you bring this to the attention of the military to fight the charges against you and prevent them from alleging wrongdoing for future positive tests.
We also spend a significant amount of time reconstructing and analyzing the circumstances surrounding the positive UA. Service members are generally not punished for unknowingly ingesting a controlled substance.
Due to the high volume of UA testing in the military, it is statistically likely that some positive tests are false positives. A good military attorney knows how these tests are conducted and can investigate whether proper procedures were followed to determine if your urine sample could have been contaminated. It is also necessary to determine whether the right tests were run, and if so, whether they were run correctly.
Even if the drug use was intentional, there are things a good military defense attorney can do to help. For example, we can help you gather evidence of general good character and a good record of service, which can be mitigating factors.
Beyond drug use, the military is on constant watch for service members in possession of banned substances or involved with the distribution of banned substances. There are often questions about who the actual possessor was when drugs were found in a common area or vehicle. It is also possible that the search that led to the drugs was unlawful and the fruits of it should not be used against anyone. The experienced attorneys at our firm know how to work through these complex situations to ensure that justice prevails.
If you are facing allegations that you violated UCMJ 112a, or you fear charges could be forthcoming, the time to contact an attorney is now. Don’t talk your case over with other persons because the government could call them as witnesses against you. Don’t spend lots of time on the internet researching defenses or information about drugs because in some cases your internet history can be used as evidence against you. Don’t neglect your duties or do anything else that would indicate you are anything but confident in clearing you name and getting on with your life.
The earlier you can hire an attorney the better, but it is never too late to give up hope. Whether you are just now facing accusations, have been charged, or want to appeal a conviction, the military law experts at the Denver and Colorado Springs law firm of Aviso Law LLC are here to help. Their years of experience will ensure you are able to put up an aggressive defense.