How Does Evidence Impact a Drug Case?

If you are facing drug charges, it is normal to experience a range of feelings, including fear and uncertainty about the outcome of the case and the penalties you could face. However, it is essential to remember that the prosecution has the burden of proving you are guilty beyond a reasonable doubt. In order to meet that standard, they must have sufficient evidence to prove that you are guilty. If there is not sufficient evidence to support their case against you, the charges against you will likely be reduced or dropped altogether. A highly skilled drug charge lawyer will review the charges that have been brought against you, including the available evidence, and recommend the most effective defense strategy.

What Kind of Evidence Can Be Used Against You in a Drug Case?

There are many types of evidence that may be presented in a drug case, including the following:

Physical Evidence:

• Controlled substances: The actual drug that you are being charged with possessing, distributing, or manufacturing is generally the most critical piece of evidence. It is crucial that the evidence is collected, stored, and analyzed properly.
• Drug paraphernalia: Any items used to manufacture, package, or consume illegal drugs may be presented as physical evidence. Examples include scales, pipes, bongs, and baggies, all of which can be used to corroborate allegations of drug activity.
• Cash and financial records: Large sums of cash can show that you have profited from drug trafficking, particularly if you have no other source of income to explain the influx of cash.

Testimonial Evidence:

• Eyewitness accounts: If someone saw you buy or sell drugs or engage in any other type of drug crime, their testimony can carry significant weight, particularly if the eyewitness is an undercover cop.
• Confessions and statements: While a confession provides powerful evidence for the prosecution, strict rules govern how these statements can be obtained.

Documentary Evidence:

• Text message and call logs: Any digital communication, including text messages, emails, or call records between co-conspirators, can provide a wealth of evidence, including details about drug deals, meet-up times, and amounts of a certain drug.
• Surveillance footage: These can capture a drug crime in real-time, including suspects entering and exiting a building known for drug activity and hand-to-hand transfers of an illegal drug.

Forensic Evidence:

• Chemical analysis of drugs: Forensic chemists use a range of testing procedures to identify the types and amounts of illegal drugs.
• Fingerprint and DNA analysis: If fingerprints or DNA are found at the crime scene, they can be directly linked to the suspect.

How Is Evidence Collected and Presented?

Evidence from a drug crime must be collected, photographed, packaged, documented, and sent for analysis. The drug must be packaged according to the types of material present. It must also be labeled as a potential biohazard. When packaging drugs manufactured with toxic or volatile chemicals, extreme care must be taken. Strict guidelines must be followed when packaging materials from clandestine laboratories. If these guidelines are not followed, the evidence may not be used against you.

How Do I Challenge the Validity of Evidence?

One strategy to defend yourself in a drug case is to challenge the evidence against you. For example, any evidence collected without a proper search warrant, through an unlawful search and seizure, or any other illegal means may be contested. The following are other ways to challenge evidence against you in a drug charge:

• Question the chain of custody: This refers to handling evidence from the crime scene to the courtroom. A break or inconsistency in the chain of custody can question the integrity of the evidence.
• Expert analysis and testing discrepancies: Laboratory errors, contaminated samples, or flawed testing methods can lead to inaccurate results or false positives.
• Cross-examining witnesses: Your drug charge lawyer can challenge a witness’s testimony and identify inconsistencies, biases, and incorrect evidence handling.
• Ensuring that your legal rights are protected. If you were not read your Miranda rights or were denied access to legal counsel, this is a violation of your legal rights. Any statements you make will not be admissible in court.
• Questioning the credibility of informants or undercover operations. If an undercover cop coerced you to commit a crime that you would not have committed otherwise, your drug charge lawyer may pursue an entrapment defense strategy.

What Is the Role of Forensic Analysis?

Forensic analysis plays a crucial role in a drug case. Forensic scientists employ a range of techniques to identify the type and amount of a drug that was seized as evidence, including the following:

• Chromatography: This is a separation technique used to identify and measure the presence of drugs. The most common chromatography techniques include gas chromatography (GC) and high-performance liquid chromatography (HPLC).
• Mass spectrometry: This is considered the gold standard in forensic drug analysis. This technique involves measuring the precise molecular mass of ions based on their mass-to-charge ratio. This process can be applied to the vast majority of drugs.
• Infrared spectroscopy: This process uses infrared light to identify a chemical substance in solid, liquid, or gaseous forms.

What Are Examples of Cases Where Evidence Was Important?

Evidence is a key component in any drug case. The following are examples of cases where evidence, or the lack thereof, can determine the outcome of the case:

• Possession with the intent to supply (PWITS) a controlled drug: While the amount of drugs in your possession may suggest an intent to supply them to someone else, the amount alone is generally not sufficient evidence. Police must look for items that are used to supply drugs, including scales, “deal bags,” a list of customers, and text messages indicating transactions.
• Supply of a controlled drug: Even if you are found selling a small amount of drugs, this is a serious offense. Police will need to supply evidence proving that an actual supply took place. Evidence may include footage from CCTV or hidden cameras or a listening device worn by an undercover officer.
• Production of a controlled drug: Police must also have sufficient evidence to prove that you were responsible for the production of a controlled drug. This may include ingredients or equipment used to make a drug or separate it from a different substance. If a controlled drug was produced on your property, you may be prosecuted for allowing this to happen.

The Freehold Drug Charge Lawyers at Lyons & Associates, P.C. Represent Clients Facing Serious Drug Offenses

If you have been arrested on drug charges, do not hesitate to contact the Freehold drug charge lawyers at Lyons & Associates, P.C. We will thoroughly review the details of your case, the charges that have been brought against you, and the evidence available. To schedule a free, confidential consultation, call us today at 908-575-9777 or contact us online. Our offices are located in Somerville, Morristown, and Freehold, New Jersey, where we serve clients in Monmouth County, Mercer County, and Burlington County.

• Category: Criminal Law