Can a Greensboro criminal defense attorney explain when a chemical analysis is necessary for a drug charge? Yes!
The court has written multiple opinions about whether a chemical analysis is needed when proving that the substance is, in fact, the alleged drug.
The burden of probing drug possession is placed upon the State and it must be beyond a reasonable doubt. The State must prove not only that the defendant possessed the controlled substance, but also that the defendant knew it was the controlled substance. If you are unsure of whether a chemical analysis should have been done in your case, you should not hesitate to contact a Greensboro criminal defense lawyer for more information.
A chemical analysis is generally required unless the State can establish another way of identification that is sufficient to identify it beyond a reasonable doubt.
So how do they determine that another method of identification is sufficient? It’s dependent upon the facts of each case. Sometimes the court will allow the state to use an expert witness, but sometimes even that is not required. For example, the court may accept a witness testimony about the identification of a substance, so long as that witness was an avid user of the drug and had used the batch of drugs in question.
Another exception to the general rule of requiring a chemical analysis to prove that the substance is actually the alleged drug, is when the defendant themselves claims that it is. This is determined on a case-by-case basis, depending upon when the defendant said it and how they said it. For more information on one of these exceptions, you should speak with a Greensboro criminal defense attorney.
If you think that one of these exceptions to the rule may apply to your case, you should contact a Greensboro criminal defense attorney today to discuss all of your options. The criminal defense attorneys at Garrett, Walker, Aycoth, And Olson know the requirements of the law and also genuinely care about each and every case presented by their clients. Call at 336-379-0539 today; we are here to help!