Recent Posts in Urinalysis Charges Category
Posted on Feb 28, 2011 By Military Defense Attorney
To determine whether a statement is testimonial, CAAF used a three-part test in U.S. v. Rankin, 64 M.J. 348, 352 (2007). CAAF considered the following: Was the statement at issue elicited by or made ...
Continue reading "The Three-Part Test" »
Posted on Feb 15, 2011 By Military Defense Lawyer
If the collection is unlawful, your military defense attorney can file motions under the 4 th Amendment and/or Section III of Military Rules of Evidence (MRE) to suppress in limine to exclude the ...
Continue reading "Challenging Urine Sample Collection (Part I) " »
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 are ...
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" »