Explaining Chain Of Custody In Florida Drug Cases

In a criminal case, evidence is handled in a way so as to preserve its integrity and ensure it is not tampered with or altered. This is known as the chain of custody, and it is crucial to most criminal prosecutions, particularly drug cases – after all, a defendant should not be convicted based on inaccurate or compromised evidence. If you have been charged with a drug crime, it may be possible for your attorney to argue that the chain of custody was compromised – which may get you off the proverbial hook.

Establishes Possession

In most cases involving drugs, a state’s attorney must establish that the defendant possessed a controlled substance that they (1) had no right to possess; and (2) knew of its illegality. The strongest way to establish continuing possession by a defendant is strengthened by law enforcement maintaining a solid chain of custody – for example, if the chain of custody is unbroken, the state’s attorney can argue with conviction that the drugs on exhibit are actually the drugs collected at the scene.

The chain of custody is established with records – logs and receipts of who had what evidence at what time, and how they stored it. In theory, evidence is collected from a person or at a crime scene, then processed by law enforcement in a way that is in keeping with Florida’s relevant statutes – and this is the case in most situations. However, even the smallest gap in time or possession can be enough of a window for a defense attorney to raise objections.

Breaks In The Pattern Possible

There are many different types of errors that can cause a break in the chain of custody, and any of them may be sufficient to put a dent, so to speak, in a state’s attorney’s case. Some examples include:

• Improper labeling or storage;
• Evidence not logged until hours after its collection;
• Wrongly performed field tests (in general, these should be done in a lab, rather than by officers);
• Evidence being accidentally commingled with that of other cases;
• Any break which casts doubt on the provenance of drug evidence.

If there is a possibility of a break in the chain of custody, a defense attorney may file what is known as a motion to suppress. A motion to suppress evidence is a motion which, if granted, will exclude anything deemed inadmissible – and if the chain of custody is in doubt as to a particular piece of evidence, it will be deemed inadmissible (meaning it cannot be used against you).

Contact A West Palm Beach Drug Crime Defense Attorney

Being charged with a drug offense in Florida can be a frightening proposition. If you are facing charges, a West Palm Beach drug crime defense attorney from Perlet & Shiner, P.A. will work hard to give you the best defense possible. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.13.html