Maximum Sentence:
- DD
- 10 years
- Total forfeiture
- Reduction to E-1
- Federal felony conviction
A Navy Petty Officer was placed in pre-trial confinement after nearly back-to-back positive urinalysis for use of cocaine.
After urinalysis results came back, the Sailor admitted to the command that he used cocaine on multiple occasions and further admitted to using other drugs. The command and prosecutors were intent on keeping the case at a general court martial and refused any deal that would not result in a Federal drug conviction.
Once retained, Tim Bilecki, a military defense lawyer for UCMJ Article 112a offenses in Hawaii, aggressively negotiated with prosecutors and demanded a fully contested trial that included the use of our own forensic toxicologist. Due to our aggressive posture, the command and OSJA relented and agreed to dismiss all charges against the client through a Separation In Lieu of Trial (SILT).
The client was released from pre-trial confinement, charges were dismissed, and our client was administratively discharged with an OTH (required under a SILT). The client served no additional jail time, received no federal conviction and no Bad Conduct Discharge.
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