Legal Question in Criminal Law in Washington
controlled substance evidence
Can a drug conviction be had if only field testing is done? Can I request additional testing? Is additional testing required before charges are pressed?
1 Answer from Attorneys
Re: controlled substance evidence
Typically, no. Field testing is ia quick "litmus test" that gives the investigating officer a simple yes or no. It is not a test of certainty.
You can request additional testing. In the normal course, the prosecutor sends the contraband to the WSP crime lab for additional testing. Unless you know precisely what the results will be, you should refrain from making your own request, at least until you know that the prosecutor has a test confirming a controlled substance.
Additional testing is not required to file charges. Field testing along with other facts (and circumstances) can be enough to establish probable cause to believe the offense may have been committed. Most VUCSA cases are filed long before crime lab results are obtained. And most crime lab results come back only days before the trial.
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