If a drug is tested and comes back inconclusive can the court charge you?

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If a drug is tested and comes back inconclusive can the court charge you?

I need to know if you can be charged
with any drugs if it comes back
inconclusive.

Asked on March 16, 2018 under Criminal Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is unlikely that you would be charged with inconclusive test results, but you could be, if there was 1) other strong or good evidence that this was an illegal drug (e.g. a statement or confession by someone who sold it to you, bought it from you, or used it with you) and 2) some  reasonable explanation for why the test was inconclusive (e.g. it was contaminated by something else; the sample was too small to effectively test). That is, there must be evidence, despite this test being inconclusive, that you had or were using (or selling, distributing, etc.) illegal drugs. Without such other evidence, it is difficult to see how you could be charged.


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