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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
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Experience:  10 years practicing IP law and general litigation
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An individual has received a motion of discovery drug charge

Customer Question

An individual has received a motion of discovery for a drug charge (trafficking to sale, trafficking with possession). On the motion there is no evidence listed (in the chain of custody) it states there is a dvd and a voice recording of a deal with an informant. No one has been able to produce the dvd or voice recording and this took place in June 2015, even the dates on the motion of discovery are incorrect and that individual has proof of being out of town. The individual has no previous or current drug charges and no criminal background, nor has the individual been stopped or approached with any drugs or money on them. Two questions:1.What are the chances that the case can be dismissed for lack of evidence, that the individual can end up on probation, or that the charges can be reduced. 2. if there is no chain if evidence listed on the motion will that still be able to be presented at a later date and time?
Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.
1.What are the chances that the case can be dismissed for lack of evidence, that the individual can end up on probation, or that the charges can be reduced. If the evidence in question cannot be produced, or is inadmissible for any reason (like not being able to produce a chain of custody or a legal basis to show probable cause) then there is a really good chance that you could have the case dismissed for lack of evidence. Moreover, for the same reasons, the charges could be reduced to something that is easier to secure a conviction on for the prosecution. In order to receive probation, there will need to be a conviction. If there is no good evidence that can be produced, the likelihood of a conviction is really low. If the charges are reduced, with reduced charges there is an increase in the likelihood of escaping with nothing but probation. The bottomline is this is good.
Expert:  Delta-Lawyer replied 1 year ago.
2. if there is no chain if evidence listed on the motion will that still be able to be presented at a later date and time? Yes, they can use witness testimony at a trial to establish a chain of custody, though you typically want that established before you get to trial through a paper trail. If that is not established in pre-trial discovery, it is is pretty hard to establish it at trial, in my experience. Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE STARS). Best wishes going forward!
Expert:  Delta-Lawyer replied 1 year ago.
You have any other questions or concerns?
Expert:  Delta-Lawyer replied 1 year ago.
Did you have any other questions or concerns? I want to make sure you are as comfortable as possible as you move forward here. Thanks

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