Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law

Are there any ways to fight a postive at any point

Customer Question
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: 2 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 8 minutes by:
6/29/2015
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,284
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
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.
Ask Your Own Military Law Question
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,284
35,284 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

35,284 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,153 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,798 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
Is it proper for a senior officer to salute Junior personnel
Is it proper for a senior officer to salute Junior personnel when celebrating Armed forces Day? … read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
Is it fraternization if an Army Officer is dating a Marine
Is it fraternization if an Army Officer is dating a Marine Emlisted SNCO? Never served together or anything. Relationship formed outside of military and no chance of ever working together. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
I was convicted by general court martial back in 2002 or
Hello, I was convicted by general court martial back in 2002 or 2003 for larceny. I was only sentenced to 7 months, but the maximum penalty is something like 30 years. Having a maximum sentence of gre… read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
I am coming close to the end of a Special Court Martial and
I am coming close to the end of a Special Court Martial and I was curious if a bad conduct discharge is considered a felony in Washington state? I am being charged with the following; Unauthorized Abs… read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
My neighbor, who is an officer in the army, threatened
My neighbor, who is an officer in the army, threatened physical violence on me last weekend and the police suggested a restraining order. Am I afraid of him? To some extent, yes. If I do pursuit a res… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,486 satisfied customers
I was recently charged with assault against an officer over
I was recently charged with assault against an officer over the weekend and I am in the Army National Guard. I am also in the ROTC program at Rutgers University and it is my fourth year. Long story sh… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers
Im trying to explain a summary court martial to a real
im trying to explain a summary court martial to a real estate licensing board … read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
Can an officer with an active duty service obligation be
Can an officer with an active duty service obligation be chaptered out of the Army? If so, how long does the chapter process typically take? … read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
I'm wondering if an officer in the Navy can date an enlisted
Hey! I'm wondering if an officer in the Navy can date an enlisted person in the Coat Guard. … read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
What can I do if my court-martial request is not honored? An
What can I do if my court-martial request is not honored? … read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
I am going to a court martial for assault and I was
I am going to a court martial for sexual assault and I was wondering if I am found innocent what exactly can I sue the other service member for? … read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
I had a court martial back in 1988, the result was BCD. My
i had a court martial back in 1988, the result was BCD. My first discharge was in 1982 . My question is do the first discharge court for anything. I recieved the BCD with no jail time . what are my ri… read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
When offered NJP or Court Martial and you elect Court
When offered NJP or Court Martial and you elect Court Martial but the CO doesn't want to do that. I was told that i now have to do admin board but I didn't ask for that i asked for court martial. I no… read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
If someone was convicted of a general court martial and all
If someone was convicted of a general court martial and all charges were then dismissed and the conviction was overturned on appeal, how do you answer the "were you ever convicted of a court martial" … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers
Can a soldier still get court martialed for a domestic
Can a soldier still get court martialed for a domestic violence if he didn't get charged with it civilian side ? … read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
If someone goes to a special court martial for article 112,
If someone goes to a special court martial for article 112, gets a bad conduct discharge and no confinement, does that show up on a civilian background check or criminal background check?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers
Back in 1989 I was convicted at a general court martial for
Back in 1989 I was convicted at a general court martial for bad checks sentenced to 30 months only served 18 months can I get a pardon… read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers
I'm in the armyy court martial charges and conviction were
I'm in the armyy court martial charges and conviction were set aside by the ACCA and they authorized a rehearing I have since been returned to active duty I am currently 1 and a half years past my ets… read more
P. Simmons
P. Simmons
Military Lawyer
35,284 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x