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Military Personnel Can Face Serious Penalties for Drug Violations
Military personnel on active duty in combat zones face difficult hurdles when charged with using illegal drugs.
January 07, 2012 /Womens Interest PR News/ -- Military servicemembers have long been subject to a strict set of rules regarding drug use. In the 1980s, the use of random urinalyses stepped up drug prosecutions. Alcohol abuse had been less severely prosecuted, but starting in the 1980s as well, the prosecution for alcohol related offenses also increased in frequency and severity.
Then came operations Desert Shield and Desert Storm and the first promulgation of General Order Number One (GO #1) in 1990. This regulation was promulgated by the US commander in the Middle East theatre under the justification that US military forces had to be considerate of the mores and culture of our Muslim host nations. That meant that GO #1 prohibited the possession of many otherwise legal items, such as alcohol, as well as illicit drugs.
Many US military personnel complained about their loss of liberty while defending the liberties of their fellow citizens and the civilian populace of the host country. No one objected to the prohibition against illegal drugs in GO #1, that being a long settled issue in criminal and military law. Since the US expeditions in Iraq and Afghanistan, from 2002 and on, however, US military personnel have been fighting and operating in an environment in which illegal drugs are readily available, cheap, and very aggressively sold by members of the host nations' local populace. Anecdotally, those of us in the practice of military law are seeing a large increase in the amount of drug cases against deployed US military personnel.
Soldiers, Sailors, Airmen and Marines accused of violating this order can face serious penalties for military drug offenses, so strongly defending any allegations of impropriety is imperative.
As exemplified in an article in the Military Times, the consequences that can follow a conviction for a military drug offense in a combat zone can limit both a servicemember's freedom and his or her military career. Some of the possible sentences resulting from courts-martial for drug offenses include:
- Two years or more confinement in a military prison
- Loss of rank and forfeiture of pay
- Bad-conduct or dishonorable discharge
Though a military member seldom is ever given the maximum punishment in a drug case, he or she faces stark lifetime consequences if found guilty of misconduct with prohibited drugs. All the military services require administrative separation processing upon a finding that a member has committed misconduct with illegal drugs. Administrative separation processing does not mean that a military member will be discharged, but this is a battle that must be hard fought by a counsel that combines both experience and skill in fighting for a young man or woman's career and future.
Being the subject of a criminal investigation is always a daunting prospect for a member of the military, since very few of them have had significant experience with any criminal matter, much less the military justice process. Further, deployed servicemembers facing allegations of improper behavior also must endure the additional stress of defending these charges while deployed and in the combat zone.
Thus, it is important for any military servicemember on active duty in a combat zone to seek qualified legal counsel if he or she is facing allegations of drug offenses or other violations. Some military law attorneys will even travel to the combat zone to represent their clients wherever they may be.
When facing charges of drug offenses or other military violations, one can feel like a David to the government's Goliath. If you are subject to a military investigation, contact an experienced military law lawyer to help you fight the giant.
Article provided by Patrick J. McLain
Visit us at www.texasmilitaryjustice.com
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