Legal Question in Military Law in Washington
Son facing possible Court Martial on urine test
My son recently failed a �random� urine test. He is saying his results are incorrect because he was taking strong prescription medications for pain and infection at the time of the test. They are telling him he had results for an unprescribed tranquilizer. A pharmacist advised that his body may have metabolized the prescription combo to show a false reading. His command will not re-test the sample. My son was offered a plea bargain to discharge on good terms or face Court Martial. They will not offer NJP, which he said he does not want anyway because he is innocent. He does not want to leave the military and planned on making it a career. He believes he is being targeted for bringing to light some unbecoming activities of his prior SSGT. This person was recently transferred because of the resulting investigation. Another person in his office was just given NJP for a very minor incident and lost rank. He too was also involved in filing complaints against the SSGT. It looks to us as if there is a retaliation going on against the whistle blowers. What chances will he have if he goes to Court Martial with an appointed attorney against a drug test? We cannot afford an outside attorney.
2 Answers from Attorneys
Re: Son facing possible Court Martial on urine test
The Command does not have an option about retesting if he demands a court-martial. He's entitled to it, but not for "admin" discharges. Most military defense counsel are smart and energetic, but that does not mean that they have a lot of experience in actually litigating these cases, which if you know what you are doing, the prosecution loses most of the time. But, you have to know how the bio-chemistry involved works, the limits to the analytical chemistry involved in the testing, and confirm what the pharmacist advised.
Like football, a mediocre, but experienced team, will generally beat a more athletic, but inexperienced team, unless they are LUCKY. If he's sure that he's innocent, he should fight it.
Contact me if I can be of any further assistance. [email protected]
Good luck,
Don Rehkopf
Re: Son facing possible Court Martial on urine test
Agree with Don.
There are quite a number of steps that should be taken to put your son in the best posture to defend such a case. It depends on nanogram levels, whether or not a statement has been given to investigators.
Be happy to give a free initial consultation.
Sincerely, www.court-martial.com
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