Facts: Our client RP, hired firm to represent his legal interests after he received a complaint from TMB regarding a prior arrest. The arrest was conducted by the US Army and was the result of a positive drug screen for amphetamines. Due to the positive test, RP was reprimanded by the Army and the Army initiated separation proceedings.
Outcome: After review of the complaint, BERTOLINO LLP, provided a response arguing that the arrest conducted by the Army was more akin to a detention in the civilian sector and that no criminal charges were ever filed. After the response was submitted TMB set the matter for an informal conference. During the conference, the firm argued that the positive drug screen was actually an accident. The firm provided evidence, in the form of a prescription and several character letters, that showed that RP ingested his wife’s medication by mistake.
After review of the provided evidence and testimony from RP, TMB found him credible and found it highly unlikely based on his character that he would intentionally ingest amphetamines and threaten his medical and Army career. TMB dismissed the matter and issued no sanctions.