Can a charge be dropped if the evidence is tainted?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a charge be dropped if the evidence is tainted?

I went in to the parole office and had a mouth swab drug screen. My PO said that the test wasn’t workjng, then put the swab on a piece of paper on the desk. A few minutes went by and my PO said maybe it’s working now. So I put it back in my mouth. The swab was then put into lab container andf sent off. However wasn’t it contaminated if I put it on a random piece of paper on desk? I’m being charged with PV for a positive UA.

Asked on April 21, 2011 under Criminal Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking, if evidence that involves some form of chemical testing is found to be in some way "tainted" as you have put it or that the chain of custody for testing has been broken (making an assumption that it could have been tainted before it was tested), then it is an argument that your attorney who is defending you in the criminal case can make.  The argument can come in a motion to supress the evidence, it can come up at trial to infer reasonable doubt, etc.  The strategics of how to use the information are left to the attorney preparing your defense.  So speak with an attorney and see what he or she says.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption