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How chain of custody errors can affect your drug charges

On Behalf of | Feb 7, 2025 | Criminal Defense |

When the police seize drugs as evidence, they must follow strict procedures to maintain their integrity if they are to be used against you in court. It involves tracking the movement of the drugs from the moment they were seized to their presentation before a judge or jury. The process, known as the chain of custody, ensures the evidence remains intact and untampered with.

However, there may be mistakes in this chain of custody. It could be an unrecorded transfer where the evidence changed hands without the necessary documentation or improper storage, leading to contamination. Evidence could also go missing while under police custody. 

Either way, if there are gaps or inconsistencies in the chain of custody, it could significantly affect the outcome of your drug charges.

The evidence may be deemed inadmissible in court

If the chain of custody is significantly compromised, it means the prosecution cannot prove the drugs presented in court are the ones seized from you. In other words, the evidence loses its credibility, and the judge may rule it inadmissible in court.

When evidence is ruled inadmissible, the prosecution cannot use that evidence to prove your guilt during trial. This can considerably weaken the case against you, given that a conviction requires proof beyond a reasonable doubt that the drugs belong to you. 

The potential outcomes

The prosecution is unlikely to proceed to trial with a weak case lacking crucial or sufficient evidence. Your charges could be reduced or dismissed as a result. It can also increase your leverage in plea negotiations.

Chain of custody errors can be a game-changer in drug charges. Getting an informed assessment of your case and having proper legal guidance can help turn these mistakes into an opportunity to fight for a better outcome in your case.