Legal Question in Criminal Law in California
if i am arrested for having a usable amount of methamphedamines, which was a 1/10th of a gram, and they test it to see if it is in fact methamphedamines, do i have the right to have it tested by my own specialist? and if after the police have tested it and there is no more to test, how do i go about that?
2 Answers from Attorneys
you have the right to have it tested if it is feasible to do so. I recommend you talk face-to-face with a local criminal defense attorney. Good luck!
The police use a chemical screening test which should be followed up with a confirmation test at a lab. If they seized a tenth of a gram, there should still be plenty left to conduct an independent defense test.
The exact procedure to get a retest varies, depending on the county and the particular labs involved, but generally the prosecution lab provides a sample to the defense lab.
Your attorney will know how to arrange the testing.
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