Military Criminal Defense Attorney for Drug Crimes
Aggressive Representation for Enlisted Military Personnel
Whether you are a military member or a civilian, possessing, using, selling, and distributing drugs and controlled substances is illegal. If you are charged with a drug crime, you could face severe penalties. As a military member, the consequences of your actions could harm your career and livelihood. Your penalties may vary according to your military ranking, branch of the military, and how your superiors choose to reprimand you. If you have been arrested for any drug crime, you must take immediate action to ensure your rights and freedoms are protected. At Joseph L. Jordan, Attorney at Law, we are proud to assist military members in defending their drug crimes cases. No matter where you are stationed in the world, our seasoned military criminal defense attorney can help. If you have been charged with a drug offense, whether drug use or distribution, please contact our military defense attorney to schedule a consultation with Joseph L. Jordan immediately.
Article 112a Drug Offenses: Possession, Distribution, & More
When you enlisted in the military, you swore an oath to protect and serve your country, as well as to uphold the U.S. Constitution and abide by all military codes and articles concerning your conduct. As an enlisted member, part of your oath is to refrain from the use of illegal drugs and controlled substances. Whether you are enlisted with the Army, Navy, Air Force, Marine Corps, or Coast Guard, there is a zero-tolerance policy in effect. If you are found in possession of any drug, including marijuana, cocaine, crack, heroin, LSD, methamphetamines, or prescription pills and steroids, you will be charged under Article 112a of the Uniform Code of Military Justice. These are the most common drug offenses charged under Article 112a:
- Drug abuse or use (positive urinalysis)
- Drug possession
- Drug distribution
- Possession of drug paraphernalia
- Making or growing drugs
What Consequences Do You Face Under Article 112a?
If you are charged with a military drug offense, you will be considered guilty until proven innocent. The investigator of your case will do everything in their power to ensure you receive the maximum penalties for your charges. If you rely on the military to appoint your criminal defense, you will likely be given an inexperienced JAG (Judge Advocate General) military lawyer who may tell you to plead guilty and accept the first deal you are offered. Without the representation of a skilled military defense lawyer, you may be confined without pay and dishonorably discharged from your rank. Additionally, you may be charged whether you were on or off base at the time you used or possessed illegal or controlled substances. Punishment for a drug offense will vary according to the type of controlled substance and the rank and status of the service member when the use, possession, or distribution of the substance occurred.
You could face a dishonorable discharge, forfeiture of your pay and allowances, and prison confinement for up to five years. If you were charged with wrongful distribution or intent to distribute, you will likely face more severe punishment than someone accused of drug use or possession. If the drug offense occurred while you were on duty as a sentinel or lookout, aboard a military craft or vessel, or in a military missile launch facility, five years might be added on top of your suggested maximum confinement period. This is because you placed other service members and the public at large potentially at risk if you were unable to perform your duty safely and soberly.
What Happens If You’re Reprimanded Using Article 15/NJP?
Despite the military’s zero-tolerance policy and ongoing War on Drugs, personal drug abuse and other drug offenses have been on the rise in recent years across all branches. However, not every drug offense case goes to a court-martial trial. Some offenders may face punishment under Article 15/NJP of the Uniform Code of Military Justice. Article 15/NJP entails appearing before an administrative discharge board. This board will analyze your actions to determine if you will be allowed to continue serving in the military. They also decide which type of discharge you will receive if you are separated from the military, which may include a dishonorable discharge from your rank. In some cases, a court-martial acquittal may be followed by the administrative discharge board proceedings. Every case is unique.
How Will a Dishonorable Discharge Affect Your Future?
A dishonorable discharge not only ends your distinguished military career, but it can also take away your hard-earned military and veteran benefits. Even if you do not serve a lengthy prison sentence, you may find it difficult to find work in the civilian sector with a felony or dishonorable discharge on your record. According to U.S. federal law, you will also not be allowed to own firearms. Because of the serious consequences at stake, you cannot afford to hire an unskilled military lawyer. You owe it to yourself and your future to hire a military defense lawyer who understands military law and the type of defense necessary to help you achieve a favorable outcome for your case. No matter what events transpired, you could still be acquitted of all charges with Joseph L. Jordan’s seasoned legal counsel.
Dedicated Defense for Drug Crime Charges in the Military
At Joseph L. Jordan, Attorney at Law, we understand that every drug offense case deserves outstanding legal representation. Without the guidance of our firm and experienced military criminal defense attorney, you may be facing very serious penalties. When you retain our firm’s legal counsel, you will be working with an attorney who served as a former JAG officer. Joseph L. Jordan has provided legal counsel for criminally charged individuals in all branches of the military and all around the world. No matter where you are stationed, we can help provide you with dedicated counsel. The moment you are arrested or placed under investigation for a drug crime, you need to reach out to us immediately.
Building a Criminal Defense Strategy for Military Drug Offenses
Due to the military’s zero-tolerance policy, enlisted service members must undergo frequent urine tests as required by the Department of Defense (DOD). Members on active duty must submit to urinalysis at least once a year, while members of the Guard or Reserves must submit to urinalysis at least once every two years. Due to the large number of urine samples and tests performed every month, mistakes may happen in the lab setting. Samples may be occasionally mislabeled or mishandled by drug testing personnel. The tests themselves may result in an error, such as a false positive. Other defense strategies may include proving there was a failure to follow the proper protocol while conducting the drug test or that the samples were improperly collected or stored. Under certain circumstances, an individual may have unknowingly ingested an illegal or controlled substance.
Does a Positive Urinalysis Prove Guilt in a Drug Offense?
A positive urinalysis result does not necessarily mean you are guilty. You have the right to due process under the law. You could still be acquitted of all drug charges against you. If you have failed to pass a military drug test for whatever reason, we can help you protect your rights and reputation. We take an empathetic approach with every client to show service members the compassion and understanding they deserve. Our legal representation is honest and thorough, not to mention nonjudgmental. From the initial consultation to the court-martial trial or appearance before an administrative separation board, we will keep you informed about your case every step of the way.
Schedule a Consultation with Attorney Joseph L. Jordan Today
If you have been charged with a drug offense under Article 112a or Article 15/NJP of the Uniform Code of Military Justice, contact Joseph L. Jordan, Attorney at Law, right away to request a consultation. Confidence and competency are our firm’s hallmarks. We encourage prospective clients to read our reviews to see what former clients have said about the level of representation they received from our dedicated firm. You may also look at our case results, which indicate a proven track record of success. Don’t delay; call us us locally at 254-853-0064 or toll-free at 833-884-2715 today to start building your criminal defense with our skilled military defense lawyer!
The moment you are arrested or placed under investigation for a drug crime you need to contact Joseph L. Jordan, Attorney at Law as soon as possible and speak with an experienced military defense attorney.