Can a charge be dropped if the evidence is tainted?
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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 13 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.
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