DRUG CRIMES Military Criminal Lawyers

Defending Against Drug Charges in the Military: What Service Members Need to Know

Getting charged with a drug crime while serving in the military can be an incredibly stressful and frightening experience. Unlike civilian courts, the military has very strict policies and harsh punishments when it comes to drug offenses. Even a minor charge like marijuana possession can end your military career and land you in prison.

That’s why it’s absolutely critical to have an experienced military drug crimes lawyer on your side from the very start of your case. The stakes are high, and you need someone who understands the complexities of military law and will aggressively defend your rights.

Types of Military Drug Charges

There are several articles under the Uniform Code of Military Justice (UCMJ) that deal with drug crimes, including:

• Article 112a – Wrongful use, possession, manufacture, distribution, importation, and exportation of controlled substances
• Article 112b – Wrongful possession, manufacture, importation, exportation, distribution, and improper use of anabolic steroids
• Article 134 – General article that covers drug paraphernalia offenses

The military also regularly conducts random urinalysis tests to detect illegal drug use. Simply failing a drug test or admitting to past drug use is enough to trigger disciplinary action and prosecution for a drug offense.

Penalties for Military Drug Convictions

The punishments for a military drug conviction vary based on the specific charges, but commonly include:

• Prison time
• Dishonorable or bad conduct discharge
• Forfeiture of pay and allowances
• Reduction in rank

Even for a first offense, you could potentially get over a year in prison plus a felony conviction on your record. The consequences only get worse if you are convicted of distributing drugs or running an illegal drug operation.

Defending Against Drug Charges

The military has a zero tolerance policy when it comes to drug use and possession. Once charges are brought against you, the odds are heavily stacked against you.

That’s why the most important thing you can do is hire a military drug crimes lawyer as soon as you learn you are under investigation or facing charges. An experienced attorney will thoroughly examine the government’s case against you and look for any potential weaknesses.

Here are some of the most common legal defenses against military drug charges:

• Illegal search and seizure – If the drugs were discovered through an unlawful search, your attorney can file a motion to suppress that evidence. This could potentially get the entire case dismissed.
• Faulty lab procedures – The results of urinalysis and other drug tests can be challenged if there is reason to believe the procedures were flawed.
• Lack of criminal intent – For charges involving drug possession and use, it may be possible to show you never intended to break the law.
• Entrapment – If you were improperly induced or coerced into committing a drug offense by government agents, this may provide a complete defense.

In addition to legal defenses, your attorney will look at mitigating factors that could potentially reduce your punishment if convicted. This includes having a clean service record, a history of PTSD or combat trauma, family issues, and other circumstances unique to your case.

Why You Need an Experienced Military Drug Lawyer

Trying to navigate the military justice system on your own is extremely unwise when facing drug charges. Here are some key reasons why hiring a military drug defense attorney is critical:

• They understand both military law and procedure, which are very different than civilian courts.
• They can examine all the evidence and identify the strongest legal defenses.
• They know how to negotiate with military prosecutors to get charges reduced or dismissed.
• They can present mitigating circumstances to minimize potential penalties if convicted.
• They have experience handling these types of cases and the credibility to advocate for you.

Don’t take chances with your military career and future outside the service. Hire a top military drug crimes lawyer to fight for you.

How a Military Drug Lawyer Can Help

From the moment you hire them, an experienced military drug crimes attorney will start building the strongest possible defense for your case. Here are some of the key ways they can help:

• Reviewing all the evidence and documents collected by investigators.
• Identifying improper police procedures that may make evidence inadmissible.
• Interviewing witnesses to find inconsistencies in their statements.
• Researching expert witnesses who can challenge the reliability of drug tests.
• Filing motions to have charges dismissed due to lack of evidence or other legal issues.
• Negotiating with the prosecution to get charges reduced or penalties minimized.
• Presenting evidence and witnesses at your court martial hearing.
• Guiding you through the appeals process if convicted.

Having an advocate who knows how to navigate the military legal system is absolutely essential when facing drug allegations. Don’t leave your fate in the hands of military appointed lawyers.

Choosing the Right Military Drug Crimes Attorney

Not every lawyer has the skills and experience to take on military drug cases. When researching attorneys, here are some key credentials to look for:

• Extensive knowledge of the UCMJ and military law.
• Past experience as a military JAG officer.
• Proven track record of success in drug crime cases.
• Familiarity with military drug investigations and testing.
• Membership in professional military law organizations.
• Strong negotiation skills and trial experience.

It’s also important to choose a lawyer you feel comfortable with. They need to be someone who will listen to you, clearly explain your options, and aggressively defend your rights.

Getting Legal Help Immediately

If you’ve been contacted by military investigators or charged with a drug offense, you need legal representation right away. Here are some steps to take immediately:

1. Politely decline to answer any questions and say you want to speak to a lawyer.
2. Don’t try to explain anything about the allegations against you.
3. Contact qualified military drug defense lawyers and schedule a consultation.
4. Follow your lawyer’s advice about cooperating with investigators or providing statements.
5. Have your lawyer deal directly with military prosecutors on your behalf.

The longer you wait, the harder it may be for an attorney to build an effective defense. So don’t delay in getting experienced legal help on your side.

The Bottom Line

Military drug charges shouldn’t be taken lightly, even for seemingly minor offenses. The consequences can alter the entire course of your life. That’s why working with an aggressive military drug crimes lawyer is so critical.

Don’t leave your fate to chance. Hire the best legal advocate you can right away. An experienced attorney understands how to defend your rights and get you the best possible outcome. With skilled legal help, you can avoid harsh penalties and hopefully continue your military service.