Q: If a defendant has reason to believe that a substance in a trafficking methamphetamine case doesn't weigh what that
State is saying. How can a defendant compelled the court to actually prove the amount is correct? Can a defendant's lawyer bring measuring tool in during trial to weigh the substance out and prove the actual weight
A: Yes, the prosecution has the burden of proving the amount by a reasonable doubt. It can be subjected to weighing.
A: Your lawyer would typically obtain a laboratory report long before trial. The report should identify the controlled substance and the weight. Separate containers with controlled substances should be weighed separately. One legal issue is whether amounts located in separate places can be aggregated. They can’t. The prosecution certainly has to prove the weights beyond a reasonable doubt. However, every prepared lawyer should know these weights in advance of trial. Pretrial motions are typically used for these issues. Two additional points: weight of packaging material is not used. I’ve never seen a lawyer bring a Mettler scale to court
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