JAG Defense Proves Urinalysis Sample Came From Another Soldier

Army E-8 tested positive on a urinalysis test for amphetamines and benzodiazepines. He was offered nonjudicial punishment, which he refused pursuant to JAG Defense advice. His command elected not to pursue a court-martial. Instead, he was processed for administrative separation and send to a discharge board. During our investigation into the urinalysis collection, JAG Defense discovered significant flaws in the urinalysis collection program overall, and with our client's sample specifically. We were able to obtain the urinalysis bottle from the testing laboratory, which definitively showed someone else's initials on the bottle attributed to our client! It was the rare case where we were able to prove without a doubt that a false positive urinalysis test had occurred. Result: The members voted 3-0 for No Misconduct and our client continued his Army career.

Army Officer Cleared of Pornography Charges

Our client was a 20-year officer in the U.S. Army Reserve. While working in his civilian capacity as a government contractor, he was charged with the possession of pornography on a government computer system. He was summarily fired from his contractor job and his Army Reserve command initiated administrative discharge proceedings against him. He hired JAG Defense to represent him at his Board of Inquiry. At his Board, we were able to demonstrate that the alleged misconduct occurred only in his civilian position, not when he was serving as a member of the Army Reserve. In addition, we showed that the "pornography" was really the sharing of Facebook "memes" with his wife, who was deployed at the time. While some of these "memes" were fairly explicit, we argued that they did not rise to the level of "pornography." Result: The Board of Inquiry voted 3-0 that our client had NOT possessed pornography as a member of the Army Reserve and RETAINED him in the Army.

Innocent Ingestion Defense for Positive Urinalysis

Army E-7 tested positive on random urinalysis for cocaine. After hiring JAG Defense and following our advice, he refused his Article 15 and demanded trial by court-martial. During our investigation into the circumstances surrounding his positive urinalysis test, we learned that he had ingested ron caña, a Puerto Rican homemade liquor made from sugarcane, that had been provided to him by a family member. We arranged for the forensic testing of the ron caña, which revealed the presence of cocaine. Armed with these test results, at our client's ensuing court-martial, we elicited evidence scientifically corroborating the innocent ingestion defense from the government's own expert witness, compelling him to concede that our client's ingestion of the ron caña was entirely consistent with the urinalysis test results. Our client did not even have to testify. Result: Officer member panel found our client NOT GUILTY.

Sexual Assault Charges Dropped Against Army E-6

Our client was a Platoon Sergeant accused of sexually assaulting numerous junior female Soldiers within his Platoon, as well as kidnapping. The fact that there were multiple female Soldiers independently making very similar allegations against our client created a very difficult and dangerous situation for our client. Our client was facing a sex offender registration, confinement for life, and a dishonorable discharge. Through lengthy negotiations with the chain of command, we were able to convince the Commanding General to WITHDRAW and DISMISS the most serious charges against our client, including the sexual assault and kidnapping charges. Our client pleaded guilty only to assault and battery and having inappropriate relationships with female Soldiers in his Platoon. Result: Our client will serve only 50 days of confinement, and will not have to register as a sex offender.

Army E-6 Found Not Guilty of Drug Charge at Special Court-Martial

Army E-6 tested positive on a random urinalysis test for cocaine. Both before and after the test, he made numerous inconsistent statements explaining how and why his sample would test positive. At his Special Court-Martial, JAG Defense successfully convinced the military judge to suppress all of his incriminating statements, which eviscerated the government's case against our client. We then used the government's own evidence to raise an innocent ingestion defense, rather than having to present any evidence of our own (which would have "opened the door" to our client's statements being introduced as evidence). Result: Without having to present any defense evidence or have our client testify, our client was found NOT GUILTY at his court-martial.

Army Officer Retained at Board of Inquiry

A Second Lieutenant in the Army National Guard tested positive for cocaine on a random urinalysis test. At his subsequent Board of Inquiry, JAG Defense presented compelling evidence of his military character, numerous errors by the collection facility, and the possibility of an unknowing ingestion. The officer panel voted 4-0 that there was insufficient evidence that our client had committed any misconduct, and RETAINED him in the Army National Guard.

Army E-7 Avoids Confinement, Reduction and Discharge

Army E-7 was deployed to a Forward Operating Base in Afghanistan when he was discovered to be in possession of numerous Schedule III and IV drugs, to include prescription medications and steroids. A lengthy CID investigation ensued, and our Client was ultimately charged with the unlawful possession, use and distribution of numerous controlled substances, numerous charges of violating orders, obstruction of justice, false official statement, adultery, and fraternization. Client was facing decades of possible confinement time, as well as a Dishonorable or Bad Conduct Discharge from the Army, and hired JAG Defense to represent him. Over the course of 1½ years, JAG Defense investigated/negotiated/advocated on behalf of Client, culminating in our representation of him at his court-martial before a panel of Officer and Enlisted Members. RESULT: No Confinement, No Reduction in Paygrade, No Discharge.

Army Sergeant Found Not Guilty After Ingesting Cocaine

An Army Sergeant First Class retained our services after testing positive for cocaine on a random urinalysis and his command sent his case to a Special Court-Martial. During our pre-trial investigation, we learned that our client had ingested a homemade liquor or "moonshine” in the days leading up to his military urinalysis test. We obtained a sample of this moonshine and secured government testing of the moonshine at the Armed Forces Institute of Pathology, which confirmed the presence of cocaine. Result: At his court-martial, our client was found NOT GUILTY of the charge against him.

Panel of Army Officers Found Army E-4 Not Guilty

Army E-4 allegedly tested positive on a military urinalysis test. His command offered him non-judicial punishment. Following our advice, and against the advice of his military defense counsel, he refused to accept non-judicial punishment and demanded a court-martial. At that court-martial, we focused our defense on the flawed collection procedures used by our client’s command. We specifically highlighted numerous errors that occurred during the collection of our client’s sample, to include one error overlooked by both the unit’s collection personnel, the base’s collection personnel, and the testing laboratory that should have rendered the sample untestable. At the close of the government’s case, the defense rested without needing to present any evidence at all. RESULT: A panel of Army officers found our client NOT GUILTY of the charge against him.

Army E-6 Found Not Guilty After Testing Positive for Marijuana

Army E-6 tested positive for marijuana on a command sweep urinalysis. He was offered an Article 15, but followed our advice in turning it down and demanding a court-martial. During exhaustive pretrial preparation, we identified errors and deviations from the Army Regulation governing urinalysis collection. At trial, we attacked the collection procedures used by his unit during the unit sweep. On cross-examination, we were able to elicit admissions from ASAP personnel that they made numerous mistakes in collecting our client’s sample, and that they should have invalidated the sample because of those mistakes. The officer member panel found our client NOT GUILTY of the charge against him.