Popping Positive Does Not Mean It’s Over

If you’ve failed a military urinalysis test, you’re probably being told that your military career is over and there’s nothing you can do about it. You may even believe it. That’s what military prosecutor’s and government law enforcement agents want you to believe. They want you to give up, roll over, and plead guilty without a fight.

• You’re being told a positive urinalysis PROVES your guilty.

• You’re being reminded of the military’s “zero tolerance” policy on drugs.

• A free military attorney you spoke to, who hasn’t even investigated your case, may show no confidence in you or your ability to beat the charges.

If you buy into this loser mentality, it’s hard to imagine anything but a conviction. That’s not our mentality. Based on years of military law experience, Liebenguth Law knows that military service members can successfully fight drug charges and be found not guilty. Make no mistake, the right defense team can make the difference between winning and losing.

Your Case May Not Be as Bad as You Think

For years, good court martial lawyers have seen positive urinalysis cases result in not guilty findings.

While military prosecutors may think a positive urinalysis proves a service member’s guilt, military juries can and do disagree. But to get to a jury’s not guilty finding, you have to be willing to fight the charges you’re facing.

Military prosecutors and law enforcement agencies like NCIS, CID, OSI, and CGIS, are not perfect. Same goes for a urinalysis test—it’s not perfect.

• A positive urinalysis test can be caused by legal substances.

• Urinalysis testing labs can make mistakes.

• False positives do happen.

• A service members urine sample can be defective or tainted.

• A positive urinalysis cannot say whether a service member accidentally ingested a drug or had a drug put in their drink or food.

Our firm’s military defense attorneys know how to expose weaknesses in a positive urinalysis test. Contact our office today to speak to an experienced military lawyer about defending your case.

Understanding the Permissive Inference – A Road to NOT GUILTY

To convict a military service member of wrongfully using a drug under Article 112a, UCMJ, military prosecutors must show that you “knowingly” ingested a banned substance and did so “wrongfully” (e.g., you didn’t have a prescription).

Often, the only evidence the government has to prove your guilt is a positive urinalysis. With so little evidence, prosecutors will generally argue to the military jury that it can be “inferred” that a service member knowing and wrongfully ingested the illegal substance.

A jury can accept or reject this inference—it’s “permissive.”

The permissive inference argument by the prosecution is WEAK. We could forcefully counter by arguing that a positive urinalysis does not show how the illegal drug got into your system—we just know that you didn’t put it there on purpose.

Because you’ve served your country honorably, you owe it to yourself to explore every option to a not guilty finding if you are facing a drug charge because you popped positive on a urinalysis test.  

A Military Drug Charge Conviction Can be Catastrophic

Every military service has a drug testing program involving a urinalysis. The result is that thousands of good people are adversely discharged from the armed forces every year. The potential hardship for these men and women is nothing short of tragic. 

• Prosecutors will almost certainly seek a dishonorable discharge or bad conduct discharge and often times prison time.

• If your case results in an administrative separation, an other than honorable (OTH) characterization of service is common.

• Civilian job prospects may dry up with a punitive discharge or OTH, resulting in financial suffering for years to come.

Many service members that test positive on a urinalysis believe that all of their options are bad. This just isn’t true. Contact our office today to discuss how we can defend your case.    

What Should I Do If I Tested Positive on a Urinalysis?

First, you should remain silent and request a lawyer if you are questioned by the command or military law enforcement.

Second, you should immediately contact an experienced military defense attorney that will aggressively fight for your rights and protect your interests.

What if I already spoke to my command or military law enforcement and gave them my side of the story?

It is even more imperative that you speak to an experienced court martial lawyer as soon as possible.

Drug Court Martial Defense Practice Areas

• Military Drug Crimes
• Drug Distribution and Trafficking
• Drug Use & Possession
• Spice & Synthetic Drugs