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Drug use and abuse is a bigger problem in the military than ever before. If you’ve facing a court martial or any accusation that you’ve failed a drug test, your career may be on the line. Fortunately, an experienced military drug test urinalysis lawyer can help you defend yourself against the allegations.
Failing a drug test can send you to a court martial. You might face a summary proceeding, a special court martial or a general court martial. If your drug test comes to the attention of the higher ups because of a crime, you might face proceedings related to the crime in addition to the failed drug test.
If you’re found guilty at your court martial, officials have a variety of penalties that they can choose from. They can place you on restrictions or make you forfeit pay. They can even take away your rank. If your offense is serious, your military career might be over.
What can you do?
Fortunately, there are things that you can do to protect yourself and advance your interests if you’re facing a military drug test issue. While it might be easy to believe that urinalysis tests are completely full proof for detecting drug use, the truth is that these tests are often inaccurate. The testing laboratory can make a human error that results in an inaccurate result.
In addition, innocent use of things like mouthwash, cold medicine or certain foods can produce a false reading. False positives happen, and when they happen, there may be ways to demonstrate the inaccuracy of the test. You may be able to submit to another test that produces clean results. You may work with your drug test attorney to find an expert that can explain to the court why the test results may be inaccurate.
The best possible outcome
If you’re struggling with an addiction or a substance abuse problem, you’re not alone. Military officials know that substance abuse is a common problem for dedicated service members. Part of your court martial might include working with officials to develop a plan to treat your abuse issue.
You might agree to participate in counseling. You may need treatment for an addiction. The military might recommend or demand increased monitoring for substance abuse and drug use. These are all things that might help you conquer your issue and continue your military career.
Considering all your options
When you face a court martial for a failed urinalysis, you might feel like your back is up against a wall. In most cases, you have options. An experienced military drug test attorney can help you evaluate your options.
You should start by reviewing your case for viable defenses. If officials make errors in collecting your test, it may not be reliable. In addition, the results may not offer conclusive proof that you used a prohibited substance. If you have defenses, you can raise these issues during your court martial proceedings.
When you’re accused of failing a drug test, you have a right to a hearing. You may be able to call witnesses. You may be able to testify on your own behalf. Your attorney can help you prepare the evidence that you need in order to make your case to panel members who decide your case.
Even if you choose to admit your guilt, you may still have options. Your drug test military attorney may help you negotiate with military officials to reach a mutually agreeable resolution. This might include that you receive treatment for substance abuse and take future tests to prove your sobriety. Working with a qualified attorney can help you make the best choices as you negotiate a plea offer.
Understanding the process
If you’re facing a court martial or criminal proceeding because of a failed drug test, an attorney can help you understand all stages of the proceedings. A court martial is similar to a criminal case in a civilian court, but there are some key differences. For example, a decision to find you guilty in a court martial doesn’t have to be a unanimous decision of the jurors like it must be in a civilian criminal proceeding. It’s important to understand these differences, so that you don’t make errors as you proceed through the case.
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