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Recent Chain of Custody questions

In reference to the original question, "This is a legal,

In reference to the original question, "This is a legal, Michigan, question." The blood test for alcohol listed as the 'patient' the first and middle name only. The last name was left off. Will this invalidate the report as evidence?

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Zoey, JD

Doctoral Degree

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What happens when the prosecution gives the accused a

what happens when the prosecution gives the accused a handwritten note that the sheriff's dept. did not properly retain evidence or the evidence was destroyed, yet the person accused is convicted of the crime. Will this be an automatic reversal on appeal...california is the state.

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Zoey, JD

Doctoral Degree

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Ok..this is something that happened in WI. Someone I know

ok..this is something that happened in WI. Someone I know got pulled over and arrested because he had some narcotic medication that actually belongs to someone else, in his car. The police took his cell phone into "evidence" and told him that it will take a month but they WILL get a warrant and open it up and read all his messages and listen to his voicemails. Now, he does not legally own the cell phone, someone else does and he was just using it that day. So I am wondering if the legal owner of the phone can take proof to them and retrieve her property or do they really get to keep it as "evidence" when it isn't even his? And how can they call it "evidence" when he hasn't been found guilty of any crime? I am sure they believe he was going to sell the pills but he really was not. He picked them up that very same day from the pharmacy for the person they are prescribed to and had to show his ID to get them from the pharmacy so that can be proven. The problem is that the cap broke on the original bottle that they were in so he put them into an empty bottle that was in his car that had a cap on it that was not broken.

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Zoey, JD

Doctoral Degree

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I want to file pro se in Texas. I am adopted. Vernon civil

I want to file pro se in Texas. I am adopted. Vernon civil statues, family civil code,and law library in Austin have no case law about my problem. I have done a DNA test and results show two half brothers, the surviving half brother and one half brother deceased. The DNA test is not directly admissible due chain of custody. Do I file a motion for transfer of venue or file a case to be heard in district court in local court. I also have medical problems concerning mobility and past medical problems. Thank you for your assistance.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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Complicated question: A assault nurse examiner (SANE)

Complicated question:A sexual assault nurse examiner (SANE) completes evidence recovery kits on victims of crimes. If the patient is reporting to law enforcement that kit is considered evidence.What are potential complications is the SANE transports the evidence to a "holding area" because law enforcement does not "have the man power" to pick up the kit and enter into the law enforcement evidence room?The SANE is a contract examiner, does not work for law enforcement and is not a sworn officer (obviously). He/she would be transporting the evidence in their personal vehicle.Questions:What liability is the SANE assuming by transporting this evidence?Could this cause admissibility problems since the evidence is transported by someone other than law enforcement after collection?

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N Cal Attorney

Doctoral Degree

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Being charged with possession of legend drugs & had to glass

Being charged with possession of legend drugs & had to glass pipes field test positive for meth. They took meds & pipes but left field test kit in the trunk of my car, left digital scale on front seat but I didn't re dive Anything regarding that. Open container was reason they searched my vehicle. No priors at all. Had bout 15 darvocets which were e paired by several years plus theyve been taken off the market. I've been researching and i d like to knw if I'm understanding cple things...if do field test then there needs to be other substance to send to lab cuz the residue in pipe was used already. But had nothing else. Field test positive for method. And dsnt that test kit need to b disposed of properly versus leaving it in my car. Also, they have to provide any and all info from lab results meaning if question way items were handled all together therefore creating cross contamination. Dsnt each item need to be bagged n tagged w/date n time n initials of who prepared it. There Re several more scientific questions s that I've found that need to be shown paperwork from lab. Just wondering what my odds r for beating case on a technicality or will I be going to jail or prison.

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Gerald, Esq

Juris Doctor

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My daughter was arrested on Aug. 26th, 2014. She blew

My daughter was arrested for DUI on Aug. 26th, 2014. She blew 0.00 so no alcohol was in her system. The officers stopped her because she made a wrong turn on an outer road that ran along side Atlantic Blvd. in Jacksonville, FL. She quickly realized her mistake and turned around. The police did not stop her until she had traveled @ 2 miles down Atlantic. They searched the car and found nothing except a small amount of marijuana in the car's console that amounted to a misdemeanor. She passed all the field sobriety tests except the waking toe to heel, which is due to her TMJ which effects her equilibrium. We gave this medical documentation to her lawyer. The officers also said that the car smelled of pot, but no joints were found in the search. When I got to the car 1 hour later the windows were all rolled up and I did not smell marijuana. A urine test was taken at the Duval County Jail. We knew they would find marijuana and xanax which she has a prescription for her anxiety disorder. Since her arrest she went every week to Pretrial Services, where they were supposed to random urine test her, but no test was ever given. Two weeks ago at the end of Jan. 2015 her lawyer said that cocaine was found in her urine. Because of her anxiety and panic attacks she does not do cocaine. And since cocaine is a scheduled 1 drug why would not Pretrial have tested her? she also entered rehab in Dec. 2014 to keep from relapsing which she successfully completed and is now in a halfway house which allows her to receive intensive outpatient therapy to help her with her anxiety and her sister's suicide. Her lawyers were supposed to try to get her DUI reduced to careless driving back in Nov. or early Dec. Nothing was ever said about cocaine. How long does it take for lawyers to receive the results of a urine test and is it not possible for her test to have been mixed up with someone else's test since Duval jail is a very busy place? I thank you for your advice.

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Ely

Counselor at Law

Juris Doctor

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If a person left about 2 grams of marijuana in a small container

If a person left about 2 grams of marijuana in a small container in the pocket of a jacket and then left the jacket at a leather repair store to have a tear repaired, and has not yet picked up the jacket, what are the legal consequences if the store employees find the item and report it to the police? This is in the state of Alabama.

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Loren

Juris Doctor

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We are a CPA firm. We sent out W2 payroll forms by UPS to our

We are a CPA firm. We sent out W2 payroll forms by UPS to our client. We have a security camera footage of us putting the forms (about 300 in 4 packages - packages already had delivery labels on them) into a locked UPS Box in front of our building in Los Angeles. Somehow, UPS said that they did not receive the packages. All 4 packages disappeared out of UPS Box.(No damages on the UPS box-maybe an inside job from UPS.) Someone opened the 3 packages, stole the contents and mailed the envelope only to the destination as we labeled them out of San Bernardino, CA via UPS. One of the package is no where to be found. The clients are very upset. W2 forms has Social Security number, name and address of the person. What are our legal responsibilities in this case and what do we need to do to protect the security of the people whose W2 disappeared and are in the hands of someone unknown...

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LawHelpNow

Attorney and Counselor at Law

Doctor of Jurisprudence

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