A recent blog post discussed how the police need to be careful to collect evidence in the correct manner. Their failure to do so could lead to that evidence being excluded from court.
If you are facing charges, it is also important to understand that the police have an obligation to store and handle the evidence in the proper way once they have collected it.
An opportunity to challenge charges
As a defendant, it is important to examine what’s known as the “chain of custody” of any evidence that may be used against you. There needs to be clear documentation of every step that piece of evidence took on its journey from a crime scene (or wherever it was found) to the courthouse. All the steps taken need to be lawful.
Here are some reasons you might be able to challenge the chain of custody:
A missing link: Is the entire journey of, for example, a packet of powder clear? If there are gaps when the whereabouts of the substance are unclear, that could provide grounds to challenge the admission of the evidence. The reason is that something could have happened to that packet during the time it was unaccounted for. For example, it could have been mixed up with drugs taken elsewhere.
An unlawful step: Did someone without the required permission access the weapon the police claim you used to commit a crime? If so, it is possible that the person could have tampered with it to make it look like you used it in the alleged crime. For instance, they placed one of your hairs on it to use that hair to show your DNA on the weapon.
The police must follow set procedures. Even an innocent misstep in record keeping could provide grounds to challenge the admissibility of evidence. If you are facing criminal charges, it is important to have the guidance of an experienced and skilled attorney to thoroughly explore all available defense options.
