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Are there any ways to fight a postive at any point

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Are there any ways to...
Are there any ways to fight a postive for THC at any point in the process or is all hope lost i know people have beaten it before but I wonder if I can to I wasnt flagged and was allowed to deploy however I wonder why if I failed a UA
Submitted: 3 years ago.Category: Military Law
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6/29/2015
Military Lawyer: P. Simmons, Military Lawyer replied 3 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,706
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
In my experience, is very difficult to fight a positive urinalysis based on the test alone. That is, the drug testing lab uses a sophisticated testing process to determine if traces of controlled substances are in the sample. Trying to cast doubt on this testing process can be very difficult to do.
That said, I have seen numerous cases where the accused, who can present evidence of good military character, have obtained acquittals based on the urinalysis results alone. The case is where I have seen this happen, the accused were able to call numerous staff noncommissioned officers and officers to testify on their behalf.
So it is possible, in some cases, for the accused to obtain an acquittal at trial.
The best way, by far, to achieve this is with the help of a good lawyer. The military will provide a lawyer at no cost. These lawyers are typically enthusiastic and have little experience. Hiring a civilian attorney with a great deal of experience can be helped in a court martial
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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