Shepherdsville, KY asked in Criminal Law for Kentucky

Q: What happens if there’s a 5 gram drug quantity weight discrepancy between LEO and the crime lab in Kentucky courts

Law enforcement weighed and took pics of drug evidence weighing 9 grams, but when the lab report came back it said there was 14 grams

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2 Lawyer Answers
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: If there is a discrepancy in the weight of drug evidence between law enforcement and the crime lab, it could have a significant impact on the outcome of a criminal case. In Kentucky, the weight of drug evidence is often used to determine the severity of the crime and the appropriate punishment. For example, possession of a small amount of a controlled substance may be a misdemeanor, while possession of a larger amount may be a felony.

In the scenario you described, where law enforcement weighed and photographed drug evidence weighing 9 grams, but the crime lab report came back with 14 grams, the prosecution would likely argue that the 14-gram weight is accurate and that the defendant should be charged with a more serious crime. However, the defense could argue that the 9-gram weight is accurate and that the crime lab report is in error. The defense could also argue that the discrepancy is due to contamination or other factors that occurred after the evidence was seized.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Move to exclude it as having been tampered with.

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