Legal Question in Criminal Law in California

providing test reults

i recently was charged with a misd. paraphenalia andunder the influence. i hired a lawyer and when we went over the case to see what the da was charging me with we discovered that the blood results for the drug test were not mine. what i want to know is can they find me guilty ofthe under te influence charge even if they cantfind the tst results. note: they found the pipe on my person. thank you? p.s. i would ask my attorney but he sucks!!!!!!!!!!!!11


Asked on 4/30/03, 5:27 pm

3 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: providing test reults

from the facts given so far, if the test results were not even yours, there is NO way the DA will be able to get the charge of being under the influence to hold water in court, unless they are still searching for your results or have some other form of circumstantial evidence that appears "promising" to them. but based on your facts so far, your attorney should have a "field day" in getting that portion of your charges dropped. if you would like further assistance in this matter, feel free to email my Law Firm directly. we definitely hope you get justice in this matter based on your facts...it should be as close to a "slam dunk" victory for you as cases can get.

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Answered on 4/30/03, 5:36 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: providing test reults

Proof that you were under the influence of a drug can be obtained through the testimony of the the arresting police officer, or other officers that observed you at the time of the alleged offense. The simplest way for the da to prove you were under the influence is to present the results of the blood test.

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Answered on 4/30/03, 9:06 pm
David Diamond Diamond & Associates

Re: providing test reults

THE ANSWER IS PROBABLY YES, but may I suggest you find a new lawyer. CALL IF WE CAN HELP

LARRY WOLF 310 277 1707

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Answered on 5/02/03, 12:41 pm


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