What is the Chain of Custody & Why Does It Matter During My North Carolina Criminal Case?By robertslaw, In Criminal Defense, 0 Comments
At Roberts Marcilliat & Mills PLLC, our experienced criminal defense attorneys in Raleigh place a significant emphasis on reviewing the evidence the prosecutor’s office has to use against our clients during their cases.
During our review of all potential evidence, we are fully aware that it may have traveled through multiple hands and offices before landing on the prosecutor’s desk.
The process by which the evidence is preserved, analyzed, or managed, is called the chain of custody.
It begins when officers seize the evidence and continue throughout your case until it reaches the courtroom.
When that evidence is mishandled, whether purposely, inadvertently, or because of the lack of protection, it may be considered a break in the link of the chain of custody.
These breaks violate our clients’ right to receive a fair trial, which could require the evidence to be suppressed, so it is no longer a factor in their case. This often leads to reduced charges or an outright dismissal of charges, which may mean an automatic win for our clients.
How Does Chain of Custody Issues Occur in North Carolina?
The chain of custody refers to the continuous possession of evidence from the time it is discovered, recovered, transported for examination, and presented for admittance in the case.
Whether the item is a firearm, drugs, fingerprints, or DNA, it cannot be altered in any way before making it into the courtroom.
If the exhibitor’s piece of evidence — has been modified, tarnished, or disturbed in any way, there may be grounds to contest its admissibility.
When the evidence is not admissible, and the prosecutor’s office has no more proof a crime was committed, it may have to dismiss the charges completely.
If you were charged with a crime where you believe the evidence was improperly obtained, labeled, transported, or submitted for inclusion in your case, contact our skilled criminal defense lawyers in Raleigh today to learn how we can help.
Have You Been Charged with a Crime Based on Tainted Evidence in North Carolina?
Contact our skilled criminal defense attorneys in Raleigh at the Roberts Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we can empower you to take a stand and pursue real results for your unique legal circumstances.