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Is the Chain of Custody on Evidence a crucial matter?

Dawsonville, GA |

I recieved the Forensic report on my drug case, and the results state that the seal on the evidence was not initialed when the lab received it. Quote unquote "seal was initialed by laboratory personnel to meet accreditation standards". How can the prosecution SWEAR that this evidence is related to my case?

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Attorney answers 3

Posted

The chain of custody quote that you give is normal for a lab. And the lab does not know what the "chain of custody" was before it got there. The prosecutor will put up the other people who did something with the evidence before it got to the lab....

You lawyer will tell you all about this. And I hope this isn't your only defense.

Good luck.

Thanks for considering my response on AVVO. The questioner and any reader do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

Asker

Posted

when you say that the quote is normal for a lab, are you referring to the part where they say they initialed the seal since there werent any when they recieved it? And no, rest assured this is not my only defense. Searching without consent is a key factor in my case, this was just another area I wanted to inquire about since I only get to see my public defender 2 seconds before we walk into court. Thank you for your response. It is greatly appreciated

Brett Ladd

Brett Ladd

Posted

You said that the lab said "seal was initialed by laboratory personnel to meet accreditation standards." This is government double-speak for "I initisaled the seal when it arrived at the lab, because that's what we are supposed to do". It does NOT say that a seal which was required to be signed by anyone Law enforcement left blank by prior LEO involved in the case.

Brett Ladd

Brett Ladd

Posted

Also,our PD is concerned about your case. A private lawyer is also more likely to consider that AND your future. I've been both. Consider a private lawyer since your future is too valuable to entrust to an overworked public defender.

Posted

Chain of custody is something your lawyer can argue at trial.

Posted

Chain of custody must be established by documentary as well as direct oral testimony at the trial. All proof or lack thereof can be dealt with then. GOOD LUCK and GOD BLESS! Jerry

I LEAVE THE MIRACLES TO GOD...HE LEAVES THE PRACTICE OF LAW TO ME!

Asker

Posted

there are several pages of supposed evidence found, none are signed, and in all different handwritings, but reference the same deputy as the "locator". My question is does this just get BLOWN OFF as poor paperwork, or is it crucial to have forms filled out correctly?

Jerry F. Lee

Jerry F. Lee

Posted

The court will probably rule that goes to the WEIGHT OF THE EVIDENCE AND WHAT VALUE A JURY CAN PUT ON IT! You really are going to have to get a GOOD CRIMINAL DEFENSE LAWYER. DRUG CASES ARE WATER SLIDES TO PRISON, IF YOU DON'T!!!!! Be prepared to pay...GOOD ONES ARE BUSY AND ONLY HAVE SO MUCH TIME TO SELL! GOOD LUCK AND GOD BLESS! JERRY F. LEE CLEVELAND GA.

Asker

Posted

i have heard exactly what you just said a million times. Unfortunately, after the place I was employed with for over 15 years closed down, I have a non existent budget. I may not have too much faith in my public defender's research and preparing my case hours, but I do have faith in an ARMY bigger than most. Thank you for all your answers and advice. God Bless

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