How Do I “Challenge the Chain of Custody” in a Fort Myers Drug Case?

If you face drug charges in Fort Myers, you may have heard of a defense strategy that involves the “chain of custody.” What exactly is the chain of custody, and how can you “challenge” it to defend yourself in court? This is a conversation you might want to have with an experienced drug defense attorney. Each case is slightly different, and the most appropriate defense strategy depends on your unique circumstances.

What Is the “Chain of Custody” in a Drug Case?

The chain of custody represents the pathway drug evidence takes from the crime scene to the courtroom. Once officers seize drugs during an arrest or search, they must carefully package and store them to prevent contamination. Authorities must continue to follow various rules when testing the drugs at a laboratory.

How Can I Challenge the Chain of Custody?

You may be able to challenge the chain of custody if the authorities broke any of these rules while in possession of your drugs. For example, there may have been a period of time when no one seemed to have custody of the drugs. Where did the drug sample go during this time? These questions are important because someone may tamper with the drugs during this period.

If there are issues with the chain of custody, your defense lawyer could potentially use this as a legitimate defense strategy. Sometimes, issues with the chain of custody do not suggest tampering or intentional prosecutorial misconduct. People make mistakes, and the drugs in question may have been degraded due to environmental issues. For example, the drugs might have become wet. Perhaps they were destroyed by excessive heat.

Problems With Lab Analysis Can Also Lead to Viable Defense Strategies

Authorities must test drug evidence to confirm its legitimacy. If they fail to do this or there is some kind of issue with the lab analysis, it may become difficult to convict you. For example, the testing methods may have been flawed. Perhaps the person who conducted the actual lab analysis is unable to testify during your trial. Whatever the case may be, your lawyer may be able to look into the testing procedure and search for potential mistakes.

Planted Drug Evidence Is More Common Than Many Realize

Officers have been known to plant drug evidence on defendants from time to time. Although this is quite rare, it is always a possibility that the court should consider. For example, an officer may have planted fake drug evidence on you. Later, the officer might have switched the fake drugs for real drugs. This is why examining the chain of custody is so important.

Can a Fort Myers Drug Defense Attorney Help Me?

In certain cases, it may make sense to challenge the chain of custody of your drug sample. However, other strategies may also be possible. Continue this discussion with an experienced drug defense attorney in Fort Myers, and you may find it easier to develop a personalized defense plan. Contact The Foley & Wilson Law Firm today to get started.

Source: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0090/0090.html