Military Lawyer for Importation or Exportation with Intent to Distribute: Article 112a
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Wrongful Importation or Exportation of a Controlled Substance – Article 112a, UCMJ
You may be convicted of wrongful importation or exportation of a controlled substance in violation of Article 112a, UCMJ if the prosecution proves beyond a reasonable doubt that you imported into or exported from the customs territory of the Military Lawyer for Importation United States a certain quantity of a controlled substance. The government must prove that you knew you imported or exported the substance, that you knew that the substance you imported or exported was of a contraband nature; and that the importation or exportation by you was wrongful.
Definitions and Defenses Under Article 112a, UMCJ
Importation and Exportation of a controlled substance is wrongful if it is without legal justification or authorization. Importation and Exportation of a controlled substance is not wrongful if such act or acts are done pursuant to Military Lawyer for Importation legitimate law enforcement activities (for example, an informant who imports or exports drugs as part of an undercover operation is not guilty of wrongful distribution; or, done by authorized personnel in the performance of medical duties. Importation and Exportation of a controlled substance may be inferred to be wrongful in the absence of evidence to the contrary.
Knowledge of the Substance At Issue Under Article 112a, UCMJ
You must be aware of the presence of the substance at the time of the importation or exportation. A person who imports or exports a package, a suitcase, a container, an item of clothing, or similar without knowing that it contains a controlled substance is not guilty of wrongful importation or Military Lawyer for Importation exportation of a controlled substance.
Knowledge of the Nature of the Substance At Issue Under Article 112a, UCMJ
When the evidence raises the issue whether you knew the exact nature of the Military Lawyer for Importation substance, you may have a defense. It is not necessary that you were aware of the exact identity of the contraband substance. The knowledge requirement is satisfied if you knew the substance was prohibited. Similarly, if you believed the substance to be a contraband substance such as cocaine when in fact it is heroin, you had sufficient knowledge to satisfy that element of the offense.
Deliberate Avoidance Under Article 112a, UMCJ
You may not willfully and intentionally remain ignorant of a fact important and material to you conduct to escape the Military Lawyer for Importation consequences of criminal law. Therefore, if the jury has a reasonable doubt that you knew that the substance you imported or exported was of a contraband nature, but they are nevertheless satisfied beyond a reasonable doubt that:
- You did not know for sure that the substance was not of a contraband nature.
- You were aware that there was a high probability that the substance was of a contraband nature; and
- You deliberately and consciously tried to avoid learning that, in fact, the substance was of a contraband nature, then the jury may treat this as the deliberate avoidance of positive knowledge. Such deliberate avoidance of positive knowledge is the equivalent of knowledge.
Exceptions to Wrongfulness
If evidence has raised an issue of whether your importation or exportation of a controlled substance was wrongful because you imported or exported it in the performance of your duty, then you may have a defense. In determining this issue, they jury must consider all relevant facts and circumstances. The burden is upon the prosecution to establish the accused’s guilt beyond a reasonable doubt. Unless the jury is satisfied beyond a reasonable doubt that your importation or exportation of the substance was not in the Military Lawyer for Importation performance of your duties, they may not find you guilty.
- Amphetamine, cocaine, heroin, lysergic acid diethylamide, marijuana, methamphetamine, opium, phencyclidine, secobarbital, and Schedule I, II, and III controlled substances: Dishonorable Discharge, Total Forfeitures, 15 years Confinement, Reduction to E-1.
- Phenobarbital and Schedule IV and V controlled substances: Dishonorable Discharge, Total Forfeitures, 10 years Confinement, Reduction to E-1.
Defense of Ignorance or Mistake in Drug Offenses Under Article 112a, UMCJ
Actual knowledge by you of the presence and nature of contraband drugs is necessary for a finding of guilty of Article 112a offenses. Ignorance can arise with respect to the presence of drugs, and mistake can be raised as to knowledge of their identity. Ignorance or mistake of the fact that a particular substance is contraband (i.e., that its possession, distribution, use, etc., was forbidden by law, regulation, or order) is not a defense. For a finding of guilty of wrongful introduction, you must also have actual knowledge that you entered into or onto a military unit, base, station, post, installation, vessel, vehicle, or aircraft.
Fighting Your Drug Import or Exportation Charges
If you are a military service member facing court martial charges for drug import or exportation, then understand that the military prosecutors and JAG is coming after you.
We represent military service members facing court martial charges for drug import or exportation under Article 112a, UCMJ. Our firm has extensive experience in representing clients charged with serious offenses such as these and we are committed to providing the best possible defense against your charges. If you have been accused of importing drugs into the United States, contact our office today to schedule a consultation with one of our experienced attorneys.
If you ready to fight your drug manufacture or manufacture with intent to distribute charges, give us a call and we are happy to do a consultation with you. At Bilecki Law Group, we will always shoot you straight and tell it like it is. If you are ready to fight, so are we.