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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34268
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Are there any ways to fight a postive at any point

Customer Question

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: 2 years ago.
Category: Military Law
Expert:  P. Simmons replied 2 years ago.
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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