Military Drug Use Lawyer

Defending the Rights of Service Members Charged with Drug Use

The Department of Defense takes a tough stance against drug use among service members, based on several reasons. Not only is it against the law, but it also poses a threat to proper order and discipline among the enlisted ranks. In addition, it places the health and safety of the individual service member at risk, both in terms of the physical damage and possibility of overdose and in respect to the emotional and mental ravages of drug abuse.

Despite the efforts of the military to crack down on drug abuse throughout the ranks, the problem is steadily becoming more serious. For example, a 2012 report from the Institute of Medicine found that prescription drug abuse among service members is up 550 percent over the past decade, to the point where more than one in ten active duty personnel now engage in such abuse.

Reach out to our military criminal defense attorney by calling (888) 490-0876 today for legal help.

Understanding Drug Use Charges

Drug use is one of the most common drug-related offenses in the military. A service member may be charged with drug use if they are suspected to have ingested, inhaled, or otherwise consumed illegal drugs, or if they have been found with drugs in their possession. In the military, this could involve any illegal drugs, including marijuana, cocaine, heroin, or methamphetamine, as well as prescription drugs that are not prescribed to the service member.

Military personnel who are caught using drugs can face a variety of penalties. Even if the drug use occurred off-base, or in a civilian context, military law still applies. A Military lawyer with experience in drug cases can help build a defense based on the facts of the case, such as challenging the evidence or questioning the methods used by military authorities to collect and test the evidence, or producing evidence to substantiate an innocent ingestion.

Consequences of Drug Use in the Military

The penalties for drug use in the military can range from administrative actions to court-martial, depending on the severity of the offense and the specific circumstances of the case. The consequences can include:

• Dishonorable Discharge: This type of discharge is the most severe form of separation from the military and comes with lifelong repercussions. It will be recorded on your permanent military record and will likely have a significant impact on future employment, educational opportunities, and access to veteran benefits. Additionally, a dishonorable discharge carries a severe social stigma, making it difficult to reintegrate into civilian life after leaving the military.
• Loss of Pay and Benefits: Convictions for drug use can result in the loss of pay, rank, and military benefits. Even if the charges do not result in a dishonorable discharge, the service member may be demoted or reassigned to a lower-paying position. 
• Incarceration: In some cases, military personnel convicted of drug use may be sentenced to prison time. The length of incarceration will depend on the specific circumstances of the case and the type of drug involved, ranging from months to years, with the most severe cases potentially leading to a life sentence.
• Loss of Security Clearance: Service members who require a security clearance to perform their duties may also face the revocation of their clearance if convicted of drug use. Losing access to classified information or certain positions in the military can be devastating to a service member’s career.
• Court-Martial and Other Military Proceedings: A court-martial proceeding can be lengthy and complicated, and the potential penalties are severe. If found guilty, the court-martial panel will impose sentencing, which can include prison time, loss of rank, and a dishonorable discharge.

Defending Against Drug Use Charges in the Military

Initially, it is important to understand that Drug cases are handled very differently in the military than in a civilian context. The military will proceed with criminal charges or administrative separation action for cases which civilian prosecutors would not touch. Many times, the military will prosecute drug cases for offenses which would not even be crimes in the civilian world.

Several legal strategies can be used to defend against drug use charges in the military. The key to a successful defense is understanding the specifics of military law and the unique aspects of the military justice system.

• Challenge the Validity of the Drug Test: Drug testing procedures must adhere to strict guidelines to ensure accuracy and fairness. If the test was not conducted properly, or if the sample was mishandled, the results may be inadmissible in court. A military drug use lawyer can examine the chain of custody for the test and argue that the test results cannot be trusted.
• Question the Legality of the Search: Under the Fourth Amendment, military personnel are entitled to protection from unreasonable searches and seizures. If the search that led to the discovery of drugs was conducted without probable cause or outside the scope of what is permissible, your lawyer can argue that the evidence should be suppressed.
• Lack of Knowledge or Intent: If the drugs were discovered in your possession, but you were unaware of their presence, you may have a defense based on lack of knowledge. In some cases, drugs may have been planted in your belongings without your knowledge or consent. If the prosecution cannot prove that you knew you were in possession of drugs, the charges may be reduced or dropped.
• Mitigating Circumstances: If the drug use occurred as a result of stress, mental health issues, or other extenuating circumstances, your attorney may be able to present evidence to mitigate the charges. In such cases, the goal may be to reduce the severity of the penalties, particularly if the drug use was an isolated incident or if you have shown a willingness to seek help or rehabilitation.
• Substance Abuse Rehabilitation: If drug use charges stem from a substance abuse issue, your attorney may be able to negotiate a favorable outcome by demonstrating your willingness to seek treatment. A military drug use attorney can work with rehabilitation counselors and other professionals to develop a treatment plan that can reduce the severity of the charges.

Getting the Defense You Need from McCormack & McCormack

Unfortunately, the approach taken by the command in response to drug use is typically one of punishment rather than rehabilitation. Most of the individuals who are caught using drugs while serving in the military are not hardened criminals; many of them are men and women who suffer from addictions which began when they were looking for a way to relieve the symptoms of post-traumatic stress disorder or became hooked on their pain medications after suffering a serious injury.

Others are caught with drugs after they succumbed to peer pressure by using drugs along with their fellow troops. Whatever the circumstances of the situation, these individuals often end up being discharged from the Armed Forces and in some cases are even convicted at court-martial, confined and forced to face a future of living with a criminal record.

Contact a Military Drug Use Defense Lawyer

Whether you were caught using prescription painkillers, synthetic drugs such as Spice, K2 or bath salts, or traditional street drugs such as marijuana, heroin or cocaine, you can find help by contacting us at McCormack & McCormack. Our military drug crimes lawyer have more than four decades of experience, and we know how to get results in fighting for our clients.

It may be possible to beat the charges by demonstrating that your constitutional rights were violated in the course of the investigation. In some cases, the goal is to reduce the penalties, such as by obtaining an administrative discharge rather than a punitive discharge.

Take the first step now so that we can review the situation and begin working on a strategy for you. Contact us online or call (888) 490-0876 today!