Tuesday, January 27, 2015

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

Drug Attorney
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.