Legal Question in Criminal Law in California

D.A in a misdemeanor drug possession case refuses to have a lab technician test the evidence. Why would he not test the evidence and rely on officers feelings and that when my son was question that he made a comment to the evidence as being resin.


Asked on 4/08/12, 2:56 am

1 Answer from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

I have not heard of a District Attorney 'refusing' to test evidence and instead insisting on 'relying' on officer's 'feelings' ... that statement, by itself, makes no sense to me. It sounds to me you may not have all the facts.

Also it is not stated if you/ your son has an attorney ... if so, that is the person you need to talk to, whether it is a public defender or a private attorney. If not, you would need to hire an attorney.

The question/facts as phrased do not make sense to me - there would be no incentive for a prosecutor to 'refuse' to test evidence if it is in their possession; it is routine procedure (and would be in their interest, one would think.) Maybe some other attorney on this site has a clue here.

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Answered on 4/08/12, 9:25 am


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