Representative Cases
Cocaine/Marijuana/Drugs
Cocaine/Marijuana/All Other Drugs

An E-3 faced a general court-martial for three separate
uses of cocaine three months apart.  The client had
made written and oral statement to investigators
regarding the first use.  Mr. George negotiated a
resolution in which the client's confinement time was
limited to only sixty days.   

An E-1 was facing court-martial after he had a positive
drug test for marijuana after already having been given
previous nonjudicial punishment for marijuana use.  Mr.
George successfully negotiated an arrangement where
the member was administratively discharged without any
further disciplinary action.

An E-3 was charged with the use and distribution of
multiple drugs.  The client chose to plead guilty to certain
charges before a judge alone.  Mr. George aggressively
litigated the remaining specifications and received not
guilty verdicts on three of the four litigated specifications.  
In post-trial clemency, Mr. George submitted a
memorandum on the client's behalf and the client's
sentence was reduced by one month.  

An E-3 had already been convicted and served
confinement time for multiple uses of cocaine.  After
testing positive again for cocaine, the client was facing a
General Court-Martial with significant jail time.  Mr.
George successfully negotiated a pretrial agreement in
which the client was taken to a Special Court-Martial, thus
limiting his confinement time.  

An E-3 who admitted to multiple uses of marijuana was
facing a Special Court-Martial.  Mr. George successfully
negotiated a pretrial agreement in which the client was
taken to a Summary Court-Martial and given just 15 days
confinement, reduction in rank, 10 days of hard labor
without confinement and forfeitures.    

An E-2 was facing an Article 15 for possession of
marijuana.  The client turned the Article 15 down and was
then charged with use of marijuana and was facing a
court-martial.  The client later decided the client did not
want to go to court-martial.  Mr. George successfully
negotiated with the command for an arrangement in
which the court-martial was dropped and the client
received an Article 15 for the lesser charge of
possession.  

An E-2 was charged with desertion, dereliction of duty
and multiple uses of multiple drugs.  The client chose to
enter into a pretrial agreement.  Mr. George brought an
illegal pretrial confinement motion and successfully
obtained pretrial confinement credit for the client.

An E-4 was facing a court-martial for drug use.  The
client chose to enter into a pretrial agreement and Mr.
George successfully negotiated a cap of four months
confinement for multiple uses of cocaine.

An E-2 was facing a court-martial for drug use, failure to
obey a lawful order and making a false statement.  Mr.
George negotiated a deal in which the client avoided
court-martial and received an Article 15 with a general
discharge.  

An E-3 was charged with multiple uses of multiple drugs
and with altering his military identification.  The client
chose to plead guilty before members without a pretrial
agreement and received only three months in
confinement with a punitive discharge.

An E-5 tested positive multiple times for cocaine, and was
given an administrative separation board.  The
government improperly introduced “limited use” evidence
in the proceedings.  Ms. McCarthy fought the introduction
of the evidence at the board, which was ultimately
allowed.  Ms. McCarthy vigorously argued that the client
should receive an honorable characterization of service
as a result of the introduction of the evidence as per the
regulation. The client was ultimately discharged, but
received an honorable characterization of service.

An E-5 was accused of AWOL, willfully disobeying a
superior commissioned officer, false official statement,
use of a controlled substance, larceny, assault, and
dishonorably failing to pay a debt.  Ms. McCarthy
successfully negotiated an arrangement where the
member was able to avoid a General Court Martial by
receiving an administrative discharge.  

An E-4 was accused of using a controlled substance
after  testing positive.  The client was able to avoid
prosecution by way of an administrative separation.  


These are representative cases from our
representation of military members.  
Please note
that each case is unique and has specific legal and
factual circumstances which affect the result.  These
cases are provided for informational purposes only
and are in no way a guarantee of any particular result
in a future case.

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Copyright 2011, Britt, Hankins & Moughan
Military Court-Martial