Drug Crimes, Substance Abuse PWID charge without lab test result

[E Taylor]

Jurisdiction

Maryland

Individual being charged with possession w/ intent to distribute (heroin/fentanyl) based upon finding a bag of blue capsules filled with powder, which was sent to crime lab for testing -at pretrial conference, evidence documentation did not include lab results, only chain of custody form requesting the substance be tested. Evidence docs stating the lab tester and state troopers will testify belief that substance was heroin/fentanyl based upon their knowledge/experience. Can this charge be dismissed? Why would lab results not be included as evidence unless results were negative?

 

[justblue]

Individual being charged with possession w/ intent to distribute (heroin/fentanyl) based upon finding a bag of blue capsules filled with powder, which was sent to crime lab for testing -at pretrial conference, evidence documentation did not include lab results, only chain of custody form requesting the substance be tested. Evidence docs stating the lab tester and state troopers will testify belief that substance was heroin/fentanyl based upon their knowledge/experience. Can this charge be dismissed? Why would lab results not be included as evidence unless results were negative?

You should ask your attorney any and all questions regarding your criminal case.

 

[PayrollHRGuy]

Probably because the state crime lab hasn't gotten around to testing it yet. And it was tested with a lesser but not court usable test.

So no you aren't going to get a dismissal based on this at this point.

 

[mightymoose]

Agreed. This is not uncommon. Lab results will be available before trial. They have a lot more than just your sample to test... It takes time.
If the results had come back negative you would have been dismissed already, or have had the charges amended to something else.

 

[zddoodah]

These can't really be the questions you intended to ask.

Can this charge be dismissed?

Any charge can be dismissed.

Why would lab results not be included as evidence unless results were negative?

Ask the prosecutor.

At some point, the seized contraband will have to be made available to the defense for independent testing. Beyond that, the time for production of evidence is at trial.

Obviously, the defendant should be conferring with his/her defense attorney about this.