Drug Offenses

All branches of the military take the use of illegal drugs or drug offenses very seriously and employ a number of testing methods to determine whether its Soldiers, Sailors, Airmen, Marines or Coast Guard personnel are using or otherwise involved with drugs.

The U.S. military aims to eliminate illegal drug use altogether within its ranks.  To be charged with any drug offense has far-reaching consequences, which may not only jeopardize your military career but also adversely affect future civilian employment, not to mention its overwhelming impact on you and your family.  With the recent legalization of marijuana in some states, and the push for medical marijuana in many other states, military personnel may think drug use is no longer a serious matter – such thinking is dead wrong.

If you are under investigation for potential drug use or any involvement with illicit drugs – even before you are formally charged – you should engage a skilled lawyer to assist you to assess your options, ensure that your rights are protected, and aggressively pursue a tactical legal strategy that provides you with the best outcome possible.

You have the right to choose your own attorney, and given the potential impact on your military career and future employment, you should seriously consider whether hiring a civilian court-martial defense lawyer is your best option to achieve the most favorable outcome for you under the circumstances.

Drug Offenses In The Military

All military services have programs to investigate and prosecute drug-related offenses, and military personnel can be charged with drug-related crimes whether they are on or off base at the time they use or possess controlled substances.

The Uniform Code of Military Justice covers a range of drugs-related (or controlled substances) offenses including:

• Drug use
• Possession of drugs
• Manufacture of drugs
• Importation of drugs
• Drug distribution
• Drug trafficking
• Drug cultivation

A court-martial conviction may result in confinement, dishonorable discharge, pay and rank reduction, and a wide range of other undesirable outcomes.

Drug Use In The Military

The military testing regime includes urinalysis (UA) programs and blood tests to determine whether service members are using illicit drugs or controlled substances

A positive result or “hot UA” does not mean automatically mean a service member is guilty – and everyone has a right to due process under the law.  There exists a myriad of regulations and guidelines that must be followed in the urinalysis process, including:

• the identification of personnel to participate in the drug testing urinalysis by the commander
• the collection of the specimen to be tested
• the actions of the drug testing observer
• the recording of the data by intake drug testing personnel
• the packaging and shipment of the sample to the drug testing laboratory
• the receipt and catalog of the sample at the drug testing laboratory
• the calibration and maintenance of the drug testing equipment,
• the training and supervision of the lab technicians conducting the drug testing
• the review and evaluation by outside auditors of the drug testing laboratory performing the tests

Even if you are innocent but return a positive result (a “false positive”), you may require a skilled court-martial defense attorney that is fully capable of representing you aggressively to maximize the chances you suffer the least possible adverse consequences.

Military Defense Options With A Drug Charge

There are many defenses available to service members who face positive UA results, including false positives, such as unknowingly ingesting an illicit drug, unlawful testing in the circumstances, failure to follow appropriate protocol while conducting the testing, failing to maintain a sufficient chain of custody of the evidence, and improperly storing and maintaining the sample.  At a court-martial, you would want a court-martial defense attorney who tried UA cases, and has experience working with, cross-examining and preparing a forensic toxicologist for trial.

Given that your career is at risk, you must ensure your court-martial defense lawyer fully understands the collection and testing process to mount a successful defense against the prosecution’s case. For example, the testing may have been targeted without reasonable cause, or the handling of the sample might not have followed strict evidence requirements.

Even where the drug use can be proven “beyond a reasonable doubt,” you must ensure that you have a skilled attorney capable of negotiating an outcome with the least impact on your military career, your family, and your future employment opportunities.

Other Drug-Related Offenses

Even where you have not been charged with drug use, any other drug-related offense, such as importation, manufacturing or distributing controlled substances, is a potentially devastating charge and you may require a qualified attorney to ensure that you are effectively represented at a court-martial.  Your freedom, family and financial future depend on you securing the services of the right attorney as soon as possible.

There are many defenses and arguments that an experienced court-martial defense lawyer may use to challenge the prosecution case, including calling into question the credibility of accusers or informants on the government payroll and whether you were otherwise entrapped.

Even where these other drug-related charges can be proven beyond a reasonable doubt, you may require the services of a dedicated court-martial defense attorney to aggressively pursue an outcome that has the least impact on your career or future employment opportunities, such as avoiding a dishonorable discharge, pleas to lesser charges or the negotiation of alternative charges.

Across the services, we are finding that many deployment veterans are self-medicating due to PTSD, mental health or other medical issues due to their service and sacrifice to our nation.  At the Law Office of Will M. Helixon, we will ensure the rigors of your military service are not forgotten or discounted.  On both the merits and sentencing (if necessary) of your case, we will maximize all mitigation opportunities available base on your unique service to our nation.

Will M. Helixon deployed to Jalalabad, Afghanistan, for 15-months, and deployed on temporary duty to Kandahar, Afghanistan, Bagram, Afghanistan, and Baghdad, Iraq, on multiple occasions.  Will has worked with Soldiers and clients on issues affecting mental health and PTSD since 2001.

Do Not Delay in seeking the advice of a skilled court-martial defense attorney; in some very limited instances, the rejection of Non-Judicial Punishment (NJP) may provide the opportunity for an acquittal at Court Martial, thereby providing the best career outcome for you.  Only an exceptionally qualified attorney with the right mix of military defense, military prosecution and civilian defense experience can adequately assess whether this is your best option.

Military Attorney With Experience

Will M. Helixon has prosecuted and defended Soldiers facing drug-related offenses including wrongful use, possession, and distribution of controlled substances.  He understands the elements of proof, the strengths, and weaknesses of the government’s case, the shortcuts often taken in the urinalysis program, and how to hold the government to its high burden.  He knows drug-related cases.

If you are under investigation or facing court-martial for any drug-related offenses, call Will M. Helixon today to employ his vast military justice and civilian criminal defense experience to defend you to the fullest extent of the law.

The risks are clear – your freedom, your family, and your financial future.

Whether you need a court-martial defense lawyer or a lawyer to fight adverse administrative actions to protect your career, The Law Office of Will M. Helixon is here to fight for your rights.