A Coast Guard Seaman stationed at Barbers Point, Hawaii, tested positive for marijuana during a routine urinalysis. Following this, the Coast Guard Investigative Service (CGIS) conducted an interview where the Seaman, without invoking his rights, denied using marijuana. His command subsequently informed him of their intention to prefer charges for making a false official statement under Article 107, UCMJ, and wrongful use of a controlled substance under Article 112a, UCMJ.
Upon being faced with the prospect of a Special Court Martial, the Seaman retained court martial defense lawyer Tim Bilecki. Bilecki’s team immediately began a detailed investigation into the circumstances surrounding the positive urinalysis result. This involved scrutinizing the urinalysis process for any procedural errors, examining the Seaman’s potential inadvertent exposure to marijuana, and gathering character statements to support his credibility.
Tim used that investigation and the character statements in discussions with the prosecution and command. He argued that the questions about knowing drug use, together with the Seaman’s service and prospects for rehabilitation, supported handling the matter at nonjudicial punishment.
The command agreed. The case was resolved at NJP instead of the proposed special court-martial.
See our Coast Guard Air Station Barbers Point court martial defense page and our Hawaii court martial attorneys page.
Prior results do not predict future outcomes.