Legal Question in Criminal Law in California
Right to Test?
My sister was arrested for possesion and transportation of meth. the quanity was .01 residue on a spoon. My sister has asked to have the material tested to see if it is even drugs. her P.D. told her no the office wont pay for it. 1 prior charge 10 years ago. If convicted with enhancments this residue will give 7 years.With this much time riding on this .Does the defendant have a right to show the court through testing that there is nothing usuable here at all?
2 Answers from Attorneys
Re: Right to Test?
Yes. Your question presents many many more issues.
Good Luck
DJM
Re: Right to Test?
At her next court appearance she should ask to speak to the court regarding how her case is being conducted. Then she should explain that the public defender has refused to have the substance tested, and weighed. That she feels that these tests are necessary for her defense.