Legal Question in Criminal Law in Alabama

They have to have a certificate of analysis, if not, they can not prove the drug is what they say it is. I suspect there will be one coming forth, it just takes time in some counties in Alabama.;

While Alabama law currently allows a police officer to identify marijuana without a certificate of analysis, it does not extend that ability to controlled substances. In a controlled substances case, there are two ways they can prove what the controlled substance is: (1) a certificate of analysis, or (2) direct testimony from the lab technician that he tested it and it is a controlled substance. Thus, even if they fail to produce a certificate of analysis in a timely manner, they may still be able to prove the case through the direct testimony of someone from the Alabama Department of Forensic Sciences.

That said, in most drug prosecutions in Alabama the State uses proof by certificate of analysis. It is easier, cheaper, and more convenient for them to prosecute cases that way. If they have not received the certificate of analysis from the lab yet, they will probably postpone your trial until they do receive it.

Two things to remember: (1) do not assume that you are going to beat the case just because the certificate of analysis has not yet arrived, and (2) don't take a plea bargain in the case until the certificate of analysis does arrive. I have seen cases where the certificate of analysis did not indicate that there were any controlled substances, so make sure they actually have the evidence before entering into any plea agreement.

Our office handles criminal defense cases, including drug possession cases. If we can be of any assistance, please feel free to give us a call or send us an email.

Good luck to you.