Wytheville, VA asked in Criminal Law for Virginia

Q: My lab results from my drug analysis wasn't signed off by forensic

Can i beat my case

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1 Lawyer Answer
Jessica Greenberg
Jessica Greenberg
  • Criminal Law Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: There is a very slight possibility that you could use this to get the case dismissed. However, it is likely still possible for the prosecutor to bring the original forensic scientist into court to clear up that issue. It will depend on if the judge considers it a curable error (most errors are treated as such in Virginia). If so, the prosecutor can 'cure' the mistake by having the scientist swear under oath to have performed the test and this was the outcome. For more specifics, you'd need to talk to a local attorney about your particular court.

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