Recent Posts in Drug Cases Category
Posted on Sep 14, 2011 By Tim Bilecki
In Briscoe v. Virginia, 130 S.Ct. 1316 (2010) Mark Briscoe was convicted in a Virginia court for possession with the intent to distribute cocaine and unlawful transportation of cocaine into the ...
Continue reading "Violation of Confrontation Rights" »
Posted on Jul 19, 2011 By Tim Bilecki
In United States v. Kuhn, ACM 37357 (A.F. Ct. Crim. App. Mar. 8, 2010), review denied, 69 M.J. 170 (C.A.A.F. 2010) the accused pled guilty to five specifications of wrongful use of cocaine. Per his ...
Continue reading "PERMISSIBLE TERM - WAIVE ALL WAIVABLE MOTIONS." »
Posted on Mar 4, 2011 By Military Criminal Defense Lawyer
Your military defense attorney should, if possible, argue that a lab report is testimonial. If the lab report is testimonial, then the government needs to have the report’s creator testify. To prove ...
Continue reading "How to Prove a Lab Report is Testimonial" »
Posted on Feb 22, 2011 By Military Defense Lawyer
Urinalyses must be reported as positive for cocaine if Benzoylecgonine (BZE), a cocaine metabolite, is detected in a urine specimen in the quantity of 100 ng/ml or more. BZE will be present in a ...
Continue reading "Challenge Urine Sample Collection (Part II)" »
Posted on Aug 18, 2010 By Criminal Defense Attorney
The possession, use and transfer of Spice violates: Articles 112a if the mixture contains HU-210 or another controlled substance. Article 92 if it is prohibited by policy or regulation. The "lack of ...
Continue reading "Spice Use and the Law" »
Posted on Aug 17, 2010 By Tim Bilecki
In the latest government efforts to legislate and criminalize "Spice," the State of Hawaii has - as of 1 August 2010 - made possession "Spice" in Hawaii a felony. For being one of the most liberal ...
Continue reading "Spice Now Illegal in Hawaii" »
Posted on Aug 17, 2010 By Military Defense Attorney
The abbreviated chemical names for the substances found in Spice are: HU-210: A Schedule I controlled substance that is 66-800 times more potent than THC. The presence of HU-210 cannot be detected ...
Continue reading "Chemical Names for the Substances in Spice and Effects of Spice" »
Posted on Aug 16, 2010 By Court Martial Defense lawyer
We get a lot of questions regarding the question of "What is a Conviction?" Because this seems to be a reoccurring question, we put together a short blog to help clarify the issue. Essentially, a ...
Continue reading "What is Conviction?" »
Posted on Aug 15, 2010 By Military Defense Attorney
A non-citizen will be denied admission to the US for a conviction or admitted commission of a Controlled Substance Offense, or if DHS has reason to believe the individual is a drug trafficker . There ...
Continue reading "Immigration Considerations and Court Martials." »
Posted on Aug 14, 2010 By Military Defense Lawyer
A lawful permanent resident (LPR) can be deported for an Aggravated Felony Conviction. Besides being deported, the LPR will be ineligible for most waivers of removal and voluntary departure. The LPR ...
Continue reading "Grounds for Deportability" »
Posted on Aug 13, 2010 By Military Defense Lawyer
When fighting drug cases , the issue of lab certificates often comes up, specifically whether your military defense attorney should agree to stipulate to those certificates. While all circumstances ...
Continue reading "When to Consider Agreeing to a Lab Certificate in Drug Cases" »
Posted on Aug 12, 2010 By Criminal Defense Attorney
In a previous blog, we discussed when an experienced drug court martial defense lawyer could use Melendez-Diaz as a sword when fighting military urinalysis charges. There are also times when we ...
Continue reading "When NOT to Use the Melendez-Diaz v. Massachusetts Sword" »
Posted on Aug 11, 2010 By Criminal Defense Attorney
Melendez-Diaz was the recent court case with may keep the government from introducing the urinalysis litigation packets into evidence at trial without an expert from the lab. Given the difficulty of ...
Continue reading "Using Melendez-Diaz v. Massachusetts as a Sword" »
Posted on Aug 7, 2010 By Criminal Defense Lawyer
Spice is an olive-colored plant material that can be laced with cannibinoid mimicking compounds. The ingredients of Spice can be several times more potent than the drug marijuana. Spice that contains ...
Continue reading "Spice – The Basics" »
Posted on Aug 6, 2010 By Criminal Defense Attorney
In LUIS E. MELENDEZ-DIAZ, PETITIONER v. MASSACHUSETTS 2009 U.S. LEXIS 4734, the Supreme Court held that the admission of the certificates violated the petitioner's Sixth Amendment right to confront ...
Continue reading "Sixth Amendment Right to Confront the Witnesses" »
Posted on Apr 10, 2010 By Tim Bilecki
Given the substantial amount of new "Spice" cases we are seeing, specifically in the Pacific, we thought it would be appropriate to run a series of blogs on "Spice." Not surprisingly, commands are ...
Continue reading "Defending "Spice" cases" »