False positive on UA

[Sharee100]

What is the name of your state?What is the name of your state?NC
My son, a Marine, tested positive on UA. He doesn't do drugs or drink. He had a hair follicle test done. It was negative. He was charged. His court date is in December. Prosecution told him charges should have been dropped. His military attorney hasn't researched follicle testing nor interviewed anyone. Question 1: How can he get a better military attorney? Question 2: (his question) Is it better to have a Judge-only trial or jury trial?

[fozzy2]

The negative hair test may not matter, though it is probably admissable. Hair testing generally only works against a person, because single/sporadic use does not necessarily register. In other words, with a positive urinalysis the military will argue that the service member used drugs at least ONCE, even if not enough times to register on the hair test. In theory hair testing could detect a single usage, but generally it is not regarded as being nearly as sensitive as urinalysis. The defense can try and use the negative hair test to raise reasonable doubt, but I'm not certain how often it works. There is still a lot of scientific uncertainty over hair analysis, but urinalysis is generally considered spot on.

I'm not aware of any military policy directing non-prosecution if a hair test comes back negative. AFAIK, the urinalysis is the hammer and a hair test showing usage far back/often is just a nice additive. If the hair test is negative the military simply says "Single Usage" -- and under zero tolerance that is enough to get the boot.

[badapple40]

A good defense attorney would have another test run by a defense expert witness (not cheap) and try to admit it. The problem may be that there is a small window for detection of the particular drug (e.g. like marijuana, might only be detectible within 30 days of use), and that period may have already passed.

Get junior a qualified civilian defense counsel.

[Sharee100]

My son paid for the chronological hair follicle testing. The lab says they are willing to testify for him in court that there was NO drug use for 90 days. He also found out that the person who had UA just before him had used drugs and tested negative.

[Sharee100]

We contacted several attorneys. They all want cash up front of $10k to $12k. No one in the extended family has any money to spare. Are there any attorneys who will let him pay monthly? I think the family members can chip in with him to pay about $1000 a month so it would take a year to pay the bill.

[badapple40]

Where is your son located/based? When is the court date?

Send me an e-mail. [email]badapplelaw@hotmail.com[/email]