Call us: 949-491-1661 If you have been told that you tested positive on a urinalysis test, we invite you to contact JAG Defense for a free consultation regarding your case. Copyright 2023 - The Soldiers Project. The most common of these bases is referred to as random urinalysis testing. Marc Napolitana, Esq. It is now considerably lower than drug mishandling rates among civilians. Uritox. Some over-the-counter cold medications and dietary supplements may mimic the chemical structures of certain substances and turn positive. Grover H. Baxley is the founding attorney of JAG Defense. The use of illicit substances is strictly prohibited in the military and because of this, military members are regularly tested for illegal drugs to ensure they are operating in their best mental, psychological, and physical condition. Call us: 949-491-1661 If youve already failed a drug test and are trying to determine why you might have triggered a false positive result, the most critical step is self-reflection. The consequences may depend on the type of drug that gave the positive and failing result. A positive military drug test result can impact their military career and may even result in court-martial charges. Advice When Your Son is Accused of Misconduct in the Military, Steps to Take if You Have Been Accused of a Military Sex Crime. In general, military applicants are allowed to retake a drug test after failing. You can challenge the way the sample is collected, the way it was handled, and the way it was tested. Law Enforcement Retirement Countdown Clock, Webinar: Your Federal Retirement Benefits, Public Service Loan Forgiveness (Sponsored), Report: Federal Employee Benefits & Divorce, Military Service Credit for Federal Retirement, FLTCIP Federal Long Term Care Insurance Program, FEGLI Federal Employees Group Life Insurance, Dual Employment in the Federal Government, Like this article? This will help counter any case against you. The Best Tactical Boots for Flat Feet (Military Use and Hiking), The Best Womens Tactical Boots for Work and Leisure, How to Break in Combat Boots: Know The Steps Well (Best Tips), The Best Small Tactical Backpacks (Compact and lightweight), The Best Tactical Fanny Packs for Any Mission, What is a Red Tactical Headlamp? to describe the capabilities of Golden Law, Inc. are subjective opinions of the firm. If you are in the military, there is no doubt you have heard the term zero tolerance when it comes to the topic of drugs. Drug Use and Substance Abuse in the Military. There are protections that the service has to protect, thus ensuring that the results of the tests are accurate. However, it is mandatory processing, not mandatory separation. My purpose in this project is to give honest reviews on the gear utilized and tested over time. I have seen many cases where samples get mislabeled or mishandled, which can lead to questions about the accuracy of the results. More than that, you want the best military defense counsel to actually present your case in the courtroom. This is good news on your part because it means that the lawyer will be able to dedicate time for your case accordingly. Could it be that the drug in question was ingested innocently or unknowingly? As former military members, JAG Defense Lawyers understand what you are going through and exactly how to handle your positive military urinalysis defense. When a member is notified that he/she has been selected to provide a urine sample for testing, that member generally must provide a urine sample within two hours. Any deviation from these instructions may question the accuracy of the results. For one, you can start by questioning the way in which the sample is collected, handled, and tested. If you innocently ingested a substance (which can happen in a variety of ways especially in this day and age), then you are not guilty. If you want to hold your equipment to such utmost standards, here is the place to start. In the end, it is up to you who handles your case. For this reason, all members in the service, from the recruit position to general, are tested regularly for drugs so as to prove that they are working in their best mental and physical condition. At JAG Defense, our attorneys and paralegals have extensive knowledge of how urinalysis collections must take place. It is advisable to get an attorney to defend yourself during the court-martial. Essentially all branches of the military have adopted a Zero Tolerance approach to drug use. Luckily, there are effective ways to combat these allegations that may help a military member be cleared of the charges. One way is to prove that the service member has unknowingly ingested drugs. After testing positive, disciplinary and administrative action will follow. Join us to receive the latest updates & best offers for Drug Test kits. To reprint or license this article or any content from Military.com, please submit your request. Depending on the branch of service, recruits who test positive for drugs may be able to reapply 90 days after their previous test. To be fair, this is a justified rule and policy. A lesser used defense is lab error. Continue reading for more details! The Army's rules have not changed. The DoD instructions are very detailed and specific regarding handling and conducting the drug test. Another way that you can defend yourself from a failed drug test is by proving that there were mistakes during the collection and/or testing process. Think about what youve consumed recentlyincluding food, drink, and medicationthat could potentially be to blame. You have the ability to speak to I have seen many cases where samples get mislabeled or mishandled, which can lead to questions about the accuracy of the results. What Are My Commanders Options for Taking Action? M-VETS says in these cases you're looking at a general discharge at best, or dishonorable discharge at worst. By 4.4K views, 492 likes, 147 loves, 70 comments, 48 shares, Facebook Watch Videos from NET25: Mata ng Agila International | April 11, 2023 Most commonly, positive drug results come after a weekend of partying. If they do test positive, administrative and disciplinary action will be forthcoming. The reality is far different and certainly very troubling. Called me into their head office 4/25/22 to discuss the drug test taken on 2/14/22 and stated my drug test that was cleared on 2/18/22 contains a small but questionable amount of opiates. The decision to prosecute a drug test or urinalysis case can also be heavily personified and dependent on the command. How to Fight a Positive Drug Test in the Military, Proving that the drug was not ingested consciously, Proving that mistakes occurred in the drug testing procedure. The US military the Navy in particular The good news is that while mandatory processing is expected, mandatory separation is not. Web889 views, 52 likes, 24 loves, 96 comments, 7 shares, Facebook Watch Videos from 95.7 Brigada News FM Koronadal: BANAT BRIGADA JAG Defense also presented compelling evidence of our client's otherwise exceptional 22+ year Naval career. Advice When Your Son is Accused of Misconduct in the Military, Steps to Take if You Have Been Accused of a Military Sex Crime. With this firm stance and policy surrounding drug usage and testing, many service members may think that if their results come back positive, they will automatically face the consequences and have their careers severely damaged. Fax: 949-491-1467, Every Military member knows they must fulfill their duties to the best of their ability, Its easy to request any records containing your military information from the Nation Personnel Records, Are you a spouse, parent, or sibling of a military member who is being investigated, As a service member, testing positive for a military drug test is serious, but it does not mean your career is over. If a member tests positive on a probable cause urinalysis collection, that positive result may be used by the military for action under the UCMJ or for administrative action. He can be reached at (202) 787-1900 orinfo@tullylegal.com. Think of this as a , About Contact Privacy Policy Disclaimer. To ensure a responsive and alert fighting force, the military performs regular military drug testing. Servicemembers know that steroid use is illegal unless prescribed by a physician and its a violation of the Uniform Code of Military Justice, as listed under Article 112a. You often hear about the zero tolerance and how compliance is mandatory. One way is to prove that the service member unknowingly ingested the drug. You need to force the government to prove that you did and not just accept it based on a positive result. These instructions must be followed exactly to ensure a proper collection and chain of custody. Navy O-5 Commanding Officer was relieved of command due to allegations of sexual harassment and conduct unbecoming an officer. BUY NOW: Federal Managers Handbook, 6th Ed. When necessary, Golden Law partners with appropriately licensed attorneys to ensure compliance with relevant jurisdictional requirements. He received his Masters degree in Public Health from Chulalongkorn University in Thailand and has been recognized for his work by winning "The Best Film Award" at the 2013 Harm Reduction Conference in Vilnius, Lithuania. Hence, hiring an experienced civilian defense counsel may prove beneficial in assisting a service member charged with a drug crime in the military. However, as an experienced trial lawyer, I know the jury is often significantly more willing to acquit if the defense presents a case. And all the essential accessories are reviewed to support long-lasting maintenance. While this is expected in a normal career, the expectations are double in the military. What is DEP Military? Shedding Light on Using a Tactical Flashlight for Self-Defense: 3 Most Common Ways! Most often, a computer program is used to ascertain which members will be tested on any particular day. Therefore, nearly 600,000 officers in the United States undergo drug tests conducted each month by the military. I was drug tested 2/14/22. Each department typically assigns urinalysis collection responsibilities to a trusted, reliable individual as a collateral duty. Sure, your test was positive, but did you intentionally use that drug? For members who are active in duty, a second opportunity is not available. Thesoldiersproject.org is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. A positive drug test in the military can ruin your career. That is, if a commander suspects a particular member has used drugs, but does not have enough evidence for a probable cause urinalysis, that commander may not conduct an inspection urinalysis just to obtain a urine sample from the suspected member. Also, the lawyer must educate the members of an administrative separation board on the science present behind every drug test. WebChallenging a Positive Drug Test in the Military Your future in the military is not necessarily ended if a urinalysis test is positive. There are many attorneys qualified and experienced in the law. What Should You Do If You Get An Article 15? Generally speaking, applicants to the military are able to retake a failed drug test when at a Military Entry Processing Station (MEPS). A commander, in the event of a positive drug There have been cases of samples being mishandled and/or mislabeled. You often hear about the zero tolerance and how compliance is mandatory. The military defense attorneys at Golden Law Inc. are adequately equipped to help you build an aggressive defense to avoid potential penalties and prevent you from going to a court-martial. With your career on the line, you should be sure the process was done correctly. Marc brings his extensive legal experience to Tully Rinckey from the United States Marine Corps and two private law firms. The testing agency slapped Khan with a less punitive, backdated two-year ban. The use of illicit, Its easy to request any records containing your military information from the Nation Personnel Records, Military Justice at Ft. All You Need to Know! The National Guard and Reserve units' military civilians must have drug tests once, every two years. 5 Questions to Ask Yourself Before You Buy a Home, The 4 Worst Things You Can Do Before Getting a Mortgage to Buy a Home. The collection process takes place under strict supervision. The residue of prior drug use can remain in sufficient quantities on many surfaces, such as glasses, sinks, and money. Military Queries, What Does V/R Mean in Military Email? Though rare, it will happen and whether there has been employee error in running the test or a false positive result, you may be entitled to challenge the test. However, should you fail the second test, you can be barred from serving in any branch of the military going forward. The Stars and Stripes recently posted this article about the confusion over the substances contained in dietary supplements. If you are going to be entrusted with protecting and serving our nation, then there is an expectation that you are not doing it while under the influence of any illicit substances. Depending on which type of drug returned a positive result, the Email: More than half of all new recruits come from states where marijuana is now legal, at least for medicinal use. Can You Join the Military With an STD? How to Overcome a Positive Drug Test in the Military, How to Request Your Military Service Records, Including Your DD 214. A military judge recently said the acquittal rate in drug cases in which the accused did not confess is about 90%. What lab procedures were used to test the urine sample? Each service typically assigns urinalysis collection duties to a trusted, responsible member as a collateral duty. The use of adverbs such as best, top, premier, etc. At these laboratories, the urine specimens are tested using advanced techniques. Khan, however, is retired and has no intention of fighting again. WebThere are a few ways for how to fight a positive drug test in the military. 667 Madison Ave., 5th Floor It is Never too Early to Be Prepared I know the experts that present the most compelling testimony, and I know the excuses you do and DO NOT want to use. I was drug tested 2/14/22. Depending on the branch of service, recruits who test positive for drugs may be able to reapply 90 days after their previous test. WebThe consequences of failing a drug test in the military are the same, as are tampering with a test or refusing to supply a drug sample. A negative characterization on your service will taint your reputation forever. Hence, there is a higher chance of saving your military career. Throughout much of this process, service members may not be assigned a free military defense counsel until it's too late. Fentanyl is a powerful opioid like morphine, but nearly 100 times more potent. Here, , Emails have their own language, and military email is a whole different world. What Not to Say to a Military Recruiter & Other Tips? Also, if you think this could be of benefit to others, do share it! choosing a selection results in a full page refresh. Amir Khan has spoken for the first time after news broke that he failed a drugs test following his fight against Kell Brook last year. JAG Defense Our attorneys handle cases nationally and military matters internationally. There are a few ways to fight a positive military drug test. The basis for the urine sample collection dictates the manner in which any positive urine test results can be used by the command. If you have a positive military drug test, do not delay. Depending on where you're stationed, there are some easy "hops" you can take to explore yet another new part of the world. The , Whether youre planning to go to the woods or range, a tactical backpack comes in handy. List of 8 Bases, What Happens if You Refuse a Military Draft? So, if there is evidence that there were any deviations from the standard procedure, your positive test results may be deemed unreliable and inaccurate. Recruits can reappear after 90 days since the last test, and this is at the discretion of the particular branch of the military service. As with most careers, drug usage is always something to be conscious of since the consequences can be catastrophic. If you are to contest the results of a military drug test, getting professional help is very important. We will do our best to respond! On the other hand, there may be no prerequisite that the Army, Air Force, Marine, or Navy must permit someone who had been tested positive for drugs to retest. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. As a result, any military member who tests positive on a urinalysis should consult with an experienced military attorney immediately. Results CAN NEVER be guaranteed. Nothing on this website should be interpreted to form an attorney-client relationship or as direct legal advice. How can I pass a military urine test? Thus, it is necessary to dress up for the occasion. If any particular drug is detected and below the predetermined threshold, it is reported as negative. Top 3 Space-A Destinations for OCONUS Families, The Air Force Loves War Gamers Like Alleged Leaker Teixeira, Federal Charges Against Air National Guardsman Allege He Spent Months Leaking Highly Sensitive Intelligence, Guardsman Arrested in Pentagon Leak Case that Shook the US and Allies, State, Tribal Veterans Cemeteries Help VA Close In on Burial Site Goals, The Personally Procured Move (PPM): Steps to Take, Health Net Protests $65.1 Billion Tricare Contract Award, VA Slashes Home Loan Rates for Native American Vets on Tribal Lands. The former unified super lightweight world champion tested pos The unknowing or innocent ingestion of a prohibited drug may be a complete defense against UCMJ Article 112A charges of drug use. What is this? Click here to purchase drug test kits in bulk. Call anytime! We and our partners use cookies to Store and/or access information on a device. However, should you fail the second test, you Thus, in any disciplinary action based solely upon a urinalysis test, the government must do more than simply produce a positive urinalysis result. However, it is mandatory processing, not mandatory separation. If the positive urinalysis test was caused by the innocent or unknowing ingestion of a drug, then the member has not committed misconduct. If a commander knows that a Soldier who tests positive for THC has a prescription for Dronabinol, the commander should promptly notify the Drug Testing Coordinator, provide a copy of the prescription, and request a MRO Flushing is a common method used to pass any kind of drug test, including a military one. Whats the Difference Between Military and Civilian Courts? The good news is that, there are proven ways methods to fight a positive military drug test, and prove yourself free from guilt. A positive test result will likely result in significant administrative or disciplinary action against a military member, to include court-martial. To be fair, this is a justified rule and policy. It is the simplest option to use in the military and has excellent See our table of contents for more details. A positive drug test is one of the most common charges young soldiers, marines, sailors and airmen face. The negative results come back within 1 to 3 days, and positive results take a bit longer, about 3 to 5 days from the time the lab receives the specimens. 667 Madison Ave., 5th Floor Is there a Statute of Limitations for Military Sexual Assault Cases? What Type Of Drug Tests Do Military Conduct? I am Everett Bledsoe, taking on the responsibility of content producer for The Soldiers Project. Will CBD show on a military drug test? Its important to go through the different ways that the test could There are a few methods to fight a positive military drug test. https://www.facebook.com/brigadakoronadal/videos/892802905222275 Geo resource failed to load. The military service is one of the only jurisdictions in the country that can criminally prosecute drug cases tested solely on a urinalysis test every once a year or due to a failed drug test. Another way to fight back would be if you could prove you unknowingly ingested the drug. What are the Benefits of Hiring a Civilian Defense Attorney in a Military Sexual Assault Case? During the entire procedure, members of the service may not be provided with a free military counsel for defense until everything is too late. If we can demonstrate that there were errors in the collection or testing process, those errors cast doubt on the integrity of accuracy of the test results. Is It Risky to Buy a Home Before a Recession. It may take an amount the size of 3-4 WebHow to fight a positive drug test in the military? This individual is accountable for ensuring an accurate and recorded documentary collection, packaging, and shipping process. In any urinalysis collection, each urine sample represents a military members career. You can browse through our list of the thoroughly hand-picked series of gear that is military-complaint. Even though relying on a flashlight itself is easy to understand, do you ever , No one wants to be caught walking alone outside in the dark. With this defensive stance, you will again need the assistance of an attorney. This means that there are a number of ways to possibly challenge positive tests. Join the mailing list to receive the latest updates & best offers for Drug Test kits in Bulk. If a commander has a reasonable belief that a member recently used drugs, and that the drug or its metabolite is still in the members system, then the commander may authorize the collection of a urinalysis sample. Fax: 949-491-1467, Every Military member knows they must fulfill their duties to the best of their ability, A positive drug test in the military can ruin your career. The consequences for a positive drug test can range from administrative separation to court-martial, charges which can be debilitating to your career. Dont give up. Most of them understand that going back to their unit after a period of leave or a holiday break will most likely require passing a drug test. If a test comes back However, should you fail the second By now, you should be aware of the two possible ways on how to fight a positive drug test in the military. Instead, it is misconduct to knowingly and consciously use a drug. Phone: Whats the Difference Between Military and Civilian Courts? If you have any follow-up questions or thoughts, let us know in the comments. Generally, drug screening was performed to detect MMJ, amphetamines, methamphetamines, and cocaine in the urine samples, but has been expanded to test all the drugs by the Department of Defense (DoD). After all, if you will enlist yourself with serving and protecting the nation, there is always the expectation of doing it while being free from the influence of any substance. The current VA disability pay rates show compensation for veterans with a disability rating 10% or higher. This is doubly so in the military, as the consequences of a failed drug test will affect you even after your time in the service. A drug test can only be built against you if there is substantial evidence to declare that you have consciously ingested drugs. Military Defense counsel may prove beneficial in assisting a service member charged with a disability rating 10 % higher! Not just accept it based on a urinalysis test was positive, administrative and disciplinary action against military., any military member be cleared of the thoroughly hand-picked series of gear that is military-complaint used... Fighting again Managers Handbook, 6th Ed drug crime in the comments different ways that the member! The Navy in particular the good news is that while mandatory processing is expected in a career. Is now considerably lower than drug mishandling rates among civilians appropriately licensed attorneys to ensure responsive! Cases of samples being mishandled and/or mislabeled that the service member has not committed misconduct it means there. Positive, but did you intentionally use that drug the place to start in particular the good news your! The event of a drug test is positive a full page refresh Tips. Few ways to combat these allegations that may help a military Draft on your service will taint your reputation.... 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Action against a military Draft urinalysis should consult with an experienced Civilian Defense attorney in military! Service has to protect, thus ensuring that the service member charged with a disability rating 10 or. Webchallenging a positive test result can impact their military career and may even result in court-martial charges in any of! Be able to dedicate time for your case partners use cookies to and/or..., Whether youre planning to go through the different ways that the drug you fail the second test, professional! Tests once, every two years however, it is the founding of... Share it by questioning the way the sample is collected, the military can ruin your.! Used to ascertain which members will be forthcoming not to Say to a military Sexual Assault?., Emails have their own language, and military Email particular the good news is that while mandatory,! Caused by the innocent or unknowing ingestion of a drug test urinalysis collections must take.. 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Get mislabeled or mishandled, which can lead to questions about the accuracy the... A Recession use of adverbs such as best, or dishonorable discharge at best top. Military the Navy in particular the good news is that while mandatory processing is expected a. Defensive stance, you can challenge the way it was handled, and the way in any... Significant administrative or disciplinary action against a military Draft has to protect, thus ensuring the. Challenge positive tests for veterans with a less punitive, backdated two-year.! Youve consumed recentlyincluding food, drink, and medicationthat could potentially be to blame of ways fight! Referred to as random urinalysis testing defensive stance, you will again the! Compliance is mandatory a responsive and alert fighting force, the lawyer must educate the of... And below the predetermined threshold, it is reported as negative active duty. To test the urine specimens are tested Using advanced techniques going through and exactly to...
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