Military Drug Charge Lawyers

Defenses

Under the Uniform Code of Military Justice (UCMJ), which governs the legal proceedings of the United States military, there are several potential legal defenses available to service members facing drug violations. It's important to note that the availability and effectiveness of these defenses may vary depending on the specific circumstances of the case.

Here are some common legal defenses:

• Lack of knowledge: The accused may argue that they were unaware that they were in possession of or using illegal drugs. This defense could be viable if, for example, someone unknowingly consumed a substance that contained drugs or if they were given drugs without their knowledge.
• Duress or coercion: If the accused can demonstrate that they were forced or coerced into using or possessing drugs under threat of harm, this may serve as a defense. However, the threat must have been imminent and credible.
• Entrapment: Entrapment occurs when law enforcement induces or coerces an individual to commit a crime that they would not have otherwise committed. If the accused can show that they were entrapped into using or possessing drugs by military authorities, it could serve as a defense.
• Medical necessity: In rare cases, a service member may have a legitimate medical need for a substance that is otherwise illegal. If a qualified medical professional prescribed the drug and the service member used it according to the prescription, this could potentially be a defense.
• Unreliable testing procedures: The accused may challenge the reliability or accuracy of drug testing procedures used by the military. This could include questioning the handling of samples, the calibration of equipment, or the qualifications of the personnel conducting the tests.
• Chain of custody issues: Related to unreliable testing procedures, the defense might argue that there were errors or irregularities in the chain of custody of the drug samples, casting doubt on their validity as evidence.
• Violation of rights: The accused may claim that their constitutional rights were violated during the investigation or arrest process. This could include unlawful search and seizure, denial of access to legal counsel, or coercion during interrogation.
• Selective prosecution: If the accused can show that they are being unfairly singled out for prosecution while others who have committed similar offenses are not being prosecuted, this could be a defense.
• Insufficient evidence: Ultimately, if the prosecution cannot prove beyond a reasonable doubt that the accused committed the alleged drug violation, this lack of evidence could result in an acquittal.

It’s a misconception that service members can’t fight or challenge a positive military urinalysis test. This lie is often told by commands trying to convince a suspected service member to waive their rights and plead guilty. But this simply isn’t true.

MJA has successfully defended service members across the military branches charged with drug abuse. Such defenses include good military character, unknowing ingestion, timeline, military drug testing limitations, and defects in urine collection procedures.