INNOCENT INGESTION
Experienced Military Drug Crime Attorneys
In the military, it is misconduct to knowingly and consciously use an illegal drug. The government must prove that the member knowingly and consciously used an illegal substance. If the positive urinalysis test was caused by the innocent or unknowing ingestion of a drug, then the member has not committed misconduct.
Often, prospective clients call us indicating that they have no idea how they tested positive for cocaine or other substances. Nearly always the amount of metabolite detected in their system was minimal. The key is to be able to show that it is scientifically plausible that the substance was ingested without knowledge.
If you believe you were provided drugs without your knowledge, call (833) 934-8265 to speak with the experienced military drug crime lawyers of Daniel Conway & Associates.
Innocent Ingestion vs. Unknowing Ingestion
There are differences between innocent and unknowing (accidental) ingestion. In an unknowing ingestion case, the defense is basically saying that we have no idea how it got in the member's system, but the member did not knowingly ingest it. Good military character is often helpful in this type of case. An innocent ingestion defense is more like an alibi defense. With innocent ingestion, we are indicating that we know how the substance was consumed, but that the member did not knowingly or wrongfully consume it.
An innocent ingestion defense must be consistent with the science behind the drug test.
For an innocent or accidental ingestion case, we will be asking questions such as:
- Where were you every day and night during the detection window for the case?
- Were there any witnesses that will testify under oath that they caused you to innocently or unknowingly ingest the substance in question?
If there are witnesses, they can testify to:
- How much of the edible product was consumed
- When the edible product was consumed
- A recipe for the products
- If the THC concentration of the plant material or other substance is known
- Whether anyone else is known to have consumed the product in the social setting;
- What effects were felt or observed
- Whether the service member has good military character
- Can we prove that you never experienced the side effects of the drug in question?
Start Preparing Your Case With a Lawyer
Before attempting to present an innocent or unknowing ingestion defense or speaking to law enforcement, you must consult an attorney that understands military drug cases. Based on the nanogram count of your drug test, law enforcement might draw conclusions as to the amount of drug consumed, the likelihood that you experienced side effects, and the truthfulness of any statements you make.
The military drug crime attorneys of Daniel Conway & Associates have more than 100 years of combined experience. Contact us online today.
Why Hire Daniel Conway & Associates?
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Practicing Worldwide With Years of Combined Legal Experience
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Fast Responses & Free Initial Consultations Available 24 Hours
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Court-Martial Experience in Every Service & Every Crime
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Daniel Conway PartnerFor the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...
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Gary Myers Partner
Gary Myers is a former JAG officer and one of the most experienced civilian military defense counsel in the country. He attended the University of Delaware where he received his undergraduate degree in chemical engineering in 1965. Gary Myers served as president of his freshman, sophomore and junior classes and went on in his senior year to be president of the student body. Gary Myers then attended the Pennsylvania State University, Dickinson School of Law, and graduated in 1968. Gary Myers paid his way through law school by ...
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Brian Pristera Attorney
A Richmond, Virginia native, Mr. Pristera graduated from Virginia Commonwealth University with a degree in Mechanical Engineering. After spending some time as a DuPont engineer, specifically working on Kevlar manufacturing and ballistics applications, Mr. Pristera attended law school at the University of New Hampshire. On July 4, 2010, Mr. Pristera was commissioned in the U.S. Army in the Judge Advocate General’s Corps. Mr. Pristera spent almost six years on active duty. He spent just over three of those years in criminal defense, ...
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Joseph Galli Attorney
Originally from Portland, Maine, Mr. Galli attended Elmira College in New York on a four-year Army ROTC Scholarship. At Elmira, he double majored in Business Administration and Public Affairs. Mr. Galli graduated from Elmira College in 2009 with a Bachelor of Science degree and was Commissioned as a Second Lieutenant in the United States Army. Mr. Galli began his study of the law in 2009 at the University of New Hampshire School of Law. There, he focused on litigation and honed his advocacy skills as a member of the Advanced Trial ...
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