When it comes to prosecuting drug (and some DUI) cases, the state often sends evidence against the accused to a state lab in order to confirm that the substance is in fact an illegal substance. Until just 2009, once the results were returned, prosecutors could enter them into evidence and the court would treat them as correct without requiring the actual chemist who conducted the test to verify in person that the results were obtained by way of appropriate procedure.
Then, in 2009, the US Surpeme Court held that chemists actually have to testify in court before their results would be admitted against an accused. In response, there was an outcry from prosecutors nationwide that this was a waste of government resources.
Well it appears that Annie Dookhan, a former state chemist, recently plead guilty to falsifying her tests in literally thousands of cases thereby clearly demonstrating the need for in court testify by chemists to provide proper foundation for the results of their tests.
If you have a pending DUI or drug offense, give BenGlassLaw a call, and we can discuss how chemical testing is conducted by the state and what steps need to be taken in order to ensure false positives don’t come about.
Find out more about Annie Dookhan’s case, and give us a call at (703)584-7277 or leave a comment below!