National guard, military police core combat division, always pass pt test, 100% perfect attendance, no negative counselings, top gun on 4 weapons, passed 4 random urinalysis previously this year alone, several awards, no deployments, all of my chain of command is supporting me (other than my commanders).
I am a good soldier. I want to stay in and transfer to airforce after my contract with the gaurd. I was visiting family that are daily smokers and I caught second hand smoke. I had moved out of the house and on my own to get out of that situation months prior to failing urinalysis. I know I was in the wrong place at the wrong time but family is not something I can just avoid completely.
What can I do to get this dropped and not lose my secret security clearance; or discharged?
Personal Injury Lawyer
You need to consult directly with an attorney that deals with military matters. Try attorneys near your base, or the military might provide counsel.
Best of luck to you and thank you for your service to our country.
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DUI / DWI Attorney
I agree with the prior answer. You should have a base JAG office where you can seek confidential advice and counsel. You want someone who knows the ins and outs of military law.
Evan A. Watson is a Georgia licensed attorney. All information is based on Georgia law, and no response should be construed as legal advice. Additionally, this response does not create an attorney/client relationship. The response is simply a form of legal education and is intended to provide general information for all readers. Please refer with an attorney who practices in your applicable state for non-Georgia legal questions.
If your chain of command sees you as you describe yourself, you MIGHT be able to mitigate the characterization of service however, in a drawdown, zero drug tolerance environment, it automatic processing for positive returns on a drug test.
One option to consider, AFTER you discuss your specifics with a JAG, is demaining a court martial in lieu of an Article 15--if you could make the "Second Hand Smoke" defense work--a stretch in my view. I was not a JAG during my servivce, but I sat as President on several Courts Martials--recall compelling evidence being presented about the impossibility of second hand smoke being sufficient to return a positive urinalysis--that was 20 years ago, and I suspect the technology is even sharper now.
See a military lawyer in your area immediately to discuss your best way-ahead. Good Luck.
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Criminal Defense Attorney
You are not going to get this dropped. The most important person to have on your side, of course, is your commander. Since he or she is not, you can expect an involuntary discharge with less than an honorable service characterization. By the way, you are unlikely to make any headway using the second hand smoke "defense." This is the oldest excuse in the book and has been completely debunked. While second hand smoke will show up in trace amounts for a few days, it will not achieve levels sufficient to trigger a positive result on a military urinalysis. In fact, the DoD cut off levels are set high enough to specifically exclude second hand smoke as an excuse. I certainly hope you have not provided this excuse to your chain of command or law enforcement. If so, you should stop talking to anyone and retain an attorney experienced in military law to assist you as soon as possible.
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Federal Crime Lawyer
The attorney above is correct, do not discuss the case with anyone but your attorney. I know it may be too late for that advice. Also, don't give up. While the advise above is correct, a colleague of mine just won a court-martial for a drug positive. So, make sure you consult either the JAG who is appointed to you or a private attorney.
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I tried to use that excuse on behalf of a client the first year I practiced law for a probation revocation client. The Judge smiled, shook his head, and said "You are seriously trying my patience." Therefore, whether it is the truth or not does not matter, the perception is that you are lying, and you are not going to be able to overcome that perception. Get with an attorney and work out another tactic.
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Military Law Attorney
The science is clear that second hand smoke cannot cause a positive urinalysis. So, if you haven't told anyone that, don't. Don't speak to anyone, and as soon as your command tells you what action they are going to take against you, see your base legal or hire a civilian lawyer.
Personal Injury Lawyer
Thank you for your service. As a former active duty JAG, I can appreciate the time you have put in and spent away from your family. (1) Do NOT make a statement. If you have already, do not make another. (2) You have the right to speak with a JAG. Ask your COC to ensure you have time to speak to the JAG. (3) Drug offenses are typically mandatory processing. So you could be heading to a separations board. Hire a civilian military defense lawyer to represent you at the proceedings. You can win and save your military career.
We represent servicemembers at courts-martial and separations boards. Call for more information.
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