A Drug Attorney Counter to Crime Lab Reports After a Recent Scandal

As a drug attorney, I represent a lot of clients that are charged with a variety of drug crimes.  From simple marijuana possessions to cultivating and selling more serious drugs like methamphetamine.  If you have been charged with a crime or are worried that you may be charged with a crime, call to schedule your consultation so that we can discuss the facts of your case and what must be done to maintain your innocence. 

In general, drug cases depend on crime lab results.  After all, a conviction cannot be made unless it is proven that the substance in question was indeed an illegal drug.  A lab report must be generated to prove that simple fact.  This is important because there are many cases of people being arrested for possession of drugs when that person never actually possessed drugs; but rather, they possessed a substance that looked like a known drug.  It is understandable how a police officer may make that mistake. This is why the crime lab is so important. 

When a substance is transferred to the lab there must be a clear chain of evidence to ensure that it is not tampered with.  One simple mistake can lead to inaccurate results that put a person’s freedom in jeopardy.  If the evidence is transferred to the lab correctly, the technician must follow protocol and the equipment must be in proper working order to produce accurate results. As a drug attorney, I see that there are several steps in the substance testing process. This can be a problem if all of the steps are not strictly followed.  A recent case proved exactly that.  A chemist working at a crime lab in Massachusetts was involved in 40,323 drug cases.  The technician, Annie Dookhan, admitted to not running chemical tests on some of the evidence that was brought into the lab. Instead, she simply looked at the item and ruled that it was a particular drug based on PERSONAL OPINION rather than science.  The major problem is that her reports were used to convict several people in a court of law.

Since Ms. Dookhan’s ethical atrocities came to light, at least 375 people have been released from jail.  It is unclear how many people may have been convicted using one of Ms. Dookhan’s lab reports that reflected her false readings.  While this incident does not directly impact any of my California clients, it serves to highlight the fact that crime labs and their technicians cannot be viewed as infallible. Everyone can make a mistake including a lab technician and police officers.  Our job is to ensure that any evidence presented is accurate and was handled appropriately and not tampered with.

It is extremely important to scrutinize the evidence produced by the government. Prosecution relies on reports written by police officers and laboratory technicians. As a drug attorney, I want to gather my own evidence and reports if necessary; oftentimes using my own, privately, paid-for expert.  

A Criminal Lawyer Explains How Criminal Charges Are Classified

As a criminal lawyer, many clients ask about the difference between misdemeanor and felony charges and how crimes are classified in general. The classification of a criminal charge is extremely important because it directly influences what the penalty will be if a person is convicted.  If you are arrested and hire a lawyer immediately, there is a chance that you could be charged with a lesser crime from the beginning, depending on your attorney’s negotiating skills.  As a local criminal defense attorney, I always prefer to become involved in negotiations with prosecution as soon as possible.

The least severe classification is an infraction.  This is when someone violates a local municipal code or administrative regulation, etc.  The most common type of infraction is a driving infraction such as a speeding ticket.  In the majority of cases, an infraction comes with a financial penalty only.  If you are pulled over, your goal should be to get out of the situation that can be disputed later; rather than fighting with the officer at the scene.  That could lead to your prompt arrest and additional charges being brought. 

As a criminal lawyer, you can call our office any time you are arrested.  If, however, you are charged with a misdemeanor or felony, you need to call immediately.  A misdemeanor conviction will typically come with a combination of jail time and a fine.  Being convicted of a misdemeanor can cause you to spend time in a local county jail.  For example, if you are convicted of drug possession you will probably spend some time in a local jail.  If you were convicted of cultivation, you might end up in state prison.  Since there are multiple levels of crimes within the misdemeanor classification, it is important to work with an attorney from the beginning so that the charges can be reduced as much as possible.  That way, if you are convicted, you will spend the least amount of time in jail. 

A felony is a more serious criminal charge.  Those that commit a crime such as murder or arson, would be charged with a felony.  Similar to a misdemeanor charge, there are categories within felony charges and the penalties are based on those categories.  A perfect example is with murder charges.  When a murder appears to be premeditated and deliberated, a person would likely be charged with first-degree murder that is punishable by life in prison. If, however, the murder was committed accidentally, such as someone being killed as a result of your driving drunk, a person could be charged with manslaughter.  

By working with a criminal lawyer, you may have the opportunity to reduce your sentence or avoid conviction altogether.  

The Defense Tactics of a Domestic Violence Attorney

As a domestic violence attorney, I understand the importance of building a strong defense in order to protect my clients' freedom.  In these cases, emotions run high and it is easy for everyone involved to escalate the seriousness of the situation; often leading to unnecessary criminal charges being filed.  Many of our clients are innocent but due to emotions, misconceptions, or spite, they are charged with domestic violence.  This is particularly common in divorce and custody cases where it is in the other partner’s interest to paint someone as a violent aggressor. 

One of the challenges with domestic violence allegations is that there are usually no witnesses to support a defense since most alleged incidents happen within a home or structure. This is not true with every case but is extremely common.  If you are accused of domestic violence, the prosecutor has the burden of proving that the event took place, how it happened, and that you committed a domestic violence crime.  Not having witnesses means that it is your word against their word and very often, this can work against you.

We will start by investigating your case and asking important questions.  As a domestic violence attorney, we will want to know everything leading up to the event in question, what you were doing during the event and what you did after.  This will help us identify what pieces of evidence we need to gather, people we should interview, etc.  It will also give us a baseline of information when reviewing the evidence that the prosecutor will be submitting. 

When building your defense there are several common approaches that we can take, including:

It was not you.  If you did not commit this act and believe that someone else is to blame, we will help you prove it.  This can happen, for example, if the battery took place at night, and there was poor visibility that could have led the other person to truly believe it was you.

The act was not violence.  If you and your current or ex-partner got into a fight and emotions were high, that does not necessarily mean violence occurred.   By understanding exactly what happened during the incident, we can determine the best argument for this type of defense. 

False allegations.  There are many times where the allegations are completely fabricated. Since the incident would have occurred in the home with no witnesses, it is easy to lie or embellish. Unfortunately, this commonly happens when an individual is in litigation in family law court. A finding of violence by a family law or criminal court could mean that you will lose visitation with your children; resulting in higher child support payments.  As a domestic violence attorney, we will analyze the police report and any evidence prosecution provides in order to look for inconsistencies.  If the story is fabricated, there will almost certainly be inconsistencies.  

There are many defenses to a domestic violence charge.  To get help, give us a call.