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Innocent Ingestion

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Innocent Ingestion

Experienced military drug crime attorneys

In the military, it is misconduct to knowingly and consciously use an illegal drug. The government must prove that the member knowingly and consciously used an illegal substance. If the positive urinalysis test was caused by the innocent or unknowing ingestion of a drug, then the member has not committed misconduct.

Often, prospective clients call us indicating that they have no idea how they tested positive for cocaine or other substances. Nearly always the amount of metabolite detected in their system was minimal. The key is to be able to show that it is scientifically plausible that the substance was ingested without knowledge.

If you believe you were provided drugs without your knowledge, call (833) 934-8265 to speak with the experienced military drug crime lawyers of Daniel Conway & Associates.

INNOCENT INGESTION VS. UNKNOWING INGESTION

There are differences between innocent and unknowing (accidental) ingestion. In an unknowing ingestion case, the defense is basically saying that we have no idea how it got in the member’s system, but the member did not knowingly ingest it. Good military character is often helpful in this type of case. An innocent ingestion defense is more like an alibi defense. With innocent ingestion, we are indicating that we know how the substance was consumed, but that the member did not knowingly or wrongfully consume it.

An innocent ingestion defense must be consistent with the science behind the drug test.

For an innocent or accidental ingestion case, we will be asking questions such as:

  • Where were you every day and night during the detection window for the case?
  • Were there any witnesses that will testify under oath that they caused you to innocently or unknowingly ingest the substance in question?

If there are witnesses, they can testify to:

  • How much of the edible product was consumed
  • When the edible product was consumed
  • A recipe for the products
  • If the THC concentration of the plant material or other substance is known
  • Whether anyone else is known to have consumed the product in the social setting;
  • What effects were felt or observed
  • Whether the service member has good military character
  • Can we prove that you never experienced the side effects of the drug in question?

Why hire us?

This may be the most important decision you make. Choose Daniel Conway & Associates.

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Practicing worldwide with years of combined legal experience
Court-martial experience in every service & every crime

Meet the attorneys

Our Team of Experienced Military Lawyers

Daniel Conway

Partner

For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...

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Brian Pristera

Attorney

A Richmond, Virginia native, Mr. Pristera graduated from Virginia Commonwealth University with a degree in Mechanical Engineering. After spending some time as a DuPont engineer, specifically working on Kevlar manufacturing and ballistics applications, Mr. Pristera attended law school at the University of New Hampshire. On July 4, 2010, Mr. Pristera was commissioned in the U.S. Army in the Judge Advocate General’s Corps. Mr. Pristera spent almost six years on active duty. He spent just over three of those years in criminal defense, ...

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Joseph Galli

Attorney

Originally from Portland, Maine, Mr. Galli attended Elmira College in New York on a four-year Army ROTC Scholarship. At Elmira, he double majored in Business Administration and Public Affairs. Mr. Galli graduated from Elmira College in 2009 with a Bachelor of Science degree and was Commissioned as a Second Lieutenant in the United States Army. Mr. Galli began his study of the law in 2009 at the University of New Hampshire School of Law. There, he focused on litigation and honed his advocacy skills as a member of the Advanced Trial ...

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I Wanted To Thank You For Your Help With Our Case. We Were Surprised At The Many Roadblocks We Met With This Command, And Are So Grateful Your Firm Was There To Assist Us.

Dear Gary,

I wanted to thank you for your help with our case. We were surprised at the many roadblocks we met with this command, and are so grateful your firm was there to assist us. We were so pleased working with you as well as with Brian, who was exceptionally knowledgeable and smart. Beyond that, working with Brian was just very pleasant, and he really helped guide us through what proved to be a much more complex and contentious process than what I think any of us anticipated.
We are delighted A. is staying ashore in the meantime to address his medical issues and credit solely the assistance Brian and your firm have provided.

Thank you for all your help. We plan to be in touch after the adsep decision is made to consider our next step vis-vis A.'s Article 15.

In the meantime, please accept our profound gratitude.
All best.
M AND A.
NORFOLK, VA

Standing Up For The Little Guy

Dan Conway was instrumental in righting the wrongs during an investigation that went unchecked prior to his arrival. In the end, there couldn't have been a more desirable outcome. I cant recommend both Dan and this firm enough if / when you find yourself in a bind. Pleading your case to the military is a daunting task and this is the team you want in your corner when it's required.
MARINE
IWAKUNI, IT

Don'T Go It Alone, Get Gary Myers Team Behind You.

I was informed by company that my Security Clearance is suspended after a background investigation.

I was devastated, my job is now on the line. After contemplating doing the appeal by myself. I decided to seek representation. After doing some web research, and calling a few Lawyers and Law Services, I talked with Mr. Gary Myers, he called me back right away on a Friday afternoon! I explain the facts of my situation, while giving no guarantees he explained that he thinks he can help and that he has a very good Attorney to work my case, Mr. Brian Pristeria. After all the Lawyers I talked to Mr. Myers was the easiest to talk to, he was clear and precise, he got me focused on the information and materials I needed to send to him and Mr. Pristeria.

Mr. Pristeria was Professional, detailed and easy to work with. He counseled and guided me every step of the way. When Mr. Pristeria called and told me my Clearance was granted, I literally fell out of my chair. I owe the continuation of my Career to Mr. Myers and Mr. Pristeria. This Team is the Very Best Representation you can get!!!

I Thank you for what you do in the highest way!!!
-TF
TF
ORLANDO, FL

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