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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26800
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was arrested recently by the CHP on suspicion of DUI and

Customer Question

I was arrested recently by the CHP on suspicion of DUI and possession of crystal meth. I was handcuffed immediately and taken to CHP station where I was given a series of "field sobriety tests". After which, without being told if I failed or passed was taken to a hospital to have blood drawn before going to jail. I was released within 8 hours with a citation to appear in court. While out I attempted to obtain a copy of the police report from the CHP office, I was told that I could not receive a copy until the day In had court. So, confused and frustrated I went to my court date not knowing anything about my case, except for what happened that night. When the public defender finally called my name he only had a incomplete police report, it was missing the lab test, instead he had 4 drugs written in pencil that he claimed j was positive for, of which 3 are wrong. The CHP also claimed I had another bag of packaged meth in my car, in addition to the one they found on me. The second bag was made up as well. Last, the report had only 2 pictures, both of used needles that were in a box to be disposed of. My question is does the CHP have to keep the evidence until the case is closed? Specifically, the drugs that were found and a sample of the blood taken
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
Yes, the evidence must be carefully bagged and logged, drugs chemically analyzed and everything kept under seal in an evidence room until no longer necessary.
If they charge you with possession of drugs and claim that they took them from you, they would have to be able to show a record of all of the above and produce the drugs for you/your lawyer's inspection. They don't have to do it right away, nor do they have to give you complete reports as to anything else on day #1. But all discovery will be turned over to your lawyer who can give you copies of all reports, if you ask him/her for them.

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