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Military Law

I have questions regarding a military urinalysis. They have…

Customer Question
Hello I have questions...

Hello I have questions regarding a military urinalysis

Lawyer's Assistant: Have you talked to a JAG attorney about this? Or anyone in the chain of command?

Yes, they have already informed of failing

Lawyer's Assistant: Are you overseas or stateside?

Overseas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have basically already admitted guilt

Submitted: 6 months ago.Category: Military Law
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Customer reply replied 6 months ago
Hello I a marine stationed in Okinawa jp I have been informed recently that I have tested positive on a uranalysis given to me immediately after taking leave, I have admitted guilt to my chain of command but no further action has been taken, I awaiting further information and I still have to write a statement, I am curious as to any ways I can better my situation or any suggestions you may have or if it will be benificial to have a lawyer on my behalf
Answered in 2 hours by:
7/30/2017
Military Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Military Law
Satisfied Customers: 8,437
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today.I'm very sorry to hear about your situation. Usually, having an attorney to defend you is the smart thing to do. One of the reasons is because they may be able to find flaws in your situation that could help you lessen any punishment that you may be encountering. For example, even though you may have popped positive and even admitted two testing positive, if you unknowingly or, then the test may be invalid. According to one of my sources, “the government must show that the reason for the positive urinalysis test was because the member knowingly and consciously used an illegal substance.” If they can’t prove that you knowingly did this, but can only prove that you tested positive, then the test may be thrown out and their case may be thrown out. In addition, what if there are any collection errors or testing errors? An attorney might be able to help figure out weather the military followed all of their procedures. Therefore, even if you popped positive, if they did not follow their own procedures, then it may be overturned.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Customer reply replied 6 months ago
I guess my only question now would be what do you suggest as far as moving forward, and how can I possibly better the situation, let's say I do want to get a lawyer how would I go about it
Military Lawyer: Legal Eagle, Lawyer replied 6 months ago

Good question. My suggestion would be to get an attorney to help you fight this because you have a chance to mitigate your circumstances.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. You may need to work with your command to find out if you have legal services available to you on base or if you can hire a lawyer from your home state that can dial in and help you out because you're abroad.

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Legal Eagle
Legal Eagle
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Category: Military Law
Satisfied Customers: 8,437
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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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