I asked for my blood to be drawn, which came back negative for everything. The possession charge is for synthetic, I understand that certain chemicals have been made illegal but I feel that the strand I had on me wasn't one of them. With trial so close is there any way for me to ask that the evidence(synthetic) be tested by a chemist?
In order for the State to prove that you're guilty of possessing synthetic marijuana, they would HAVE to have a chemist test the alleged controlled substance. The drugs aren't admissible against you otherwise (I've seen DA's run into that problem before). If they do that, the defense has an absolute 100% right to test it independently themselves. The only catch is that they have to make a timely request to do so. Hopefully you've retained a lawyer to represent you in the trial. If not, get one ASAP who is familiar with the issues with your case and is willing to try it.
It is concerning that your case is set for trial on Monday and you don't know the answers to the questions. Have you discussed this with your attorney? You should call your attorney. Monday will be here soon.
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It is the State's burden of proof to allege and prove what the alleged illegal substance is. Your attorney should have a copy of the lab report, which you are entitled to see before trial. Speak with your attorney now and get all of your questions answered. Good Luck!
The State will have to prove that something was in your bloodstream and that it affected your mental or physical capabilities to the point they were not normal. You really should have to do anything it is the State's burden to prove the case beyond a reasonable doubt. You do not have to prove your innocence.
If your blood tested negative for everything its unusual for a DWI to be prosecuted. Regarding the possession issue, criminal defendants have a right to discovery and your attorney should have received a copy of the lab results from the State. You also have the right to request the Court to allow you to retest the evidence, but with trial so close, it's unlikely you have time to do so. You should discuss these issues with your attorney.
The community is done a great job of providing you with advice. I would suggest that you contact an attorney immediately prior to your hearing/trial Monday. You want to defend your rights, and have an individual fighting for you.
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