QUESTION
Can i make the court do. A DNA test on drug Paraphernalia
Asked on Jun 08th, 2018 on Criminal Law - Alabama
More details to this question:
Me an a friend was charged with drug paraphernalia which never one of us had nor knew of
1 ANSWER
Complex Civil Litigation Attorney serving Gulf Shores, AL
at
McKerall & McKerall, P.L.L.C.
Update Your Profile
Well, not exactly, but you get an "A" for creativity. Your question is whether you can make the court do a DNA test on the alleged paraphrenalia. The answer is "no". No one can make the court do anything. (Well, that's not precisely true, but here it can safely be said that you can't make the court do a DNA test.) Another question would be can you make the prosecuting attorney do the test. Again, the answer is "no". What you might be able to do would be to get a court order letting an expert witness selected by you and paid by you, examine and test the items seized and, if the tests are favorable to your case the court might dismiss the case. That's unlikely but the court might let that evidence be presented to the jury and let them decide what weight to give it.
You probably can't get out of this without a good lawyer, and maybe not even then. Depending on your age and your criminal record there are programs that would let your lawyer persuade the court to put the case on hold for a while, maybe send you to some drug education classes, and then, if you don't get into any more trouble, dismiss it.
You have a constitutional right to defend yourself in court, but I wouldn't advise it. You need a competent criminal defense who regularly practices in the court in which your case is pending. We're not hard to find. We're everywhere the courts are.
WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing. The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website. Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Answered on Jun 09th, 2018 at 6:50 AM