Legal Question in Criminal Law in California

I have asked the d.a. to test the drugs that are in there possession, dont we have a right to have the suspected evidence tested if we believe that their test is wrong, if so how can we make the d.a have the evidence tested? It seems that the judge would want to see a lab test?Can you be convicted of possession with out a lab test? There is 0.5 of so called hash oil and the police have had the evidence for 5 months. I read that a lab will not except the evidence after police have had past 3 months , is this true? The evidence they have is just enough to maybe have a lab test done, saying that if the da knew of my intentions to have the evidence re tested , but there wouldnt be nothing to test so they would have to dissmiss it..Maybe that is why they wont test it.But what about our rights so do i find an expert to come in and testify that with out a lab test there is no positive way to identify the evidence.


Asked on 4/08/12, 2:28 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Get a lawyer immediately. Please don't take this the wrong way, but you clearly don't know what you are doing. You need someone who does looking out for you.

You are entitled to have the drugs tested if there is enough material to do so. But the DA is the last person you want running the test. Instead, you want an outside lab that is not trying to support the prosecutor. An experienced lawyer will know how to get this done for you.

Good luck.

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Answered on 4/08/12, 5:32 pm


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