Legal Question in Criminal Law in Florida

Missing Drug Analysis

I hope someone can give good advice to me and my family and not a pitch to hire because our money is so limited. Question: My father was sentenced 33 years prison time for a drug case with a gun in the early 90's. MANY questions about this case. During the case the court ordered independet drug analysis of the contraband. Which DEA chemist argued in his opinion was crack. Even though the contraband was still wet & moist after 2 years(almost a liquid form). My father had a public defender represent him (He was no King pin dealer) The court ordered drug analysis that is shown on the docket sheet w/ voucher number showing payment by courts of $300 has never been seen. We believe the results are different than the DEA's results of crack cocaine. We have not been able to find the results in the courts or anywhere. This was paid for by the courts. Why is there no record of it? How can I find this or if not what can be done about this situation? Independent Analysis chemist in phone conversation years ago with relatives said that he could not find results but remembered the case at the time and remembers that the contraband was not crack a ''definite no''.Is there any advice you have or legal remedy that will help my father out of this?


Asked on 7/04/07, 10:08 am

1 Answer from Attorneys
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: Missing Drug Analysis

What county? And why now after so many years? Your chances of reversing the conviction through post-conviction (F. Rule of Pro. 3.850) is time barred after 2 years from the date of the final direct appeal or from the time you knew or should have known of these grounds). It appears on the surface that too much time has passed.

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Answered on 7/04/07, 11:15 am


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