I. Chain of Custody to Admit Scientific Evidence in Michigan
Chain of Custody issues can result in a successful attack on admissibility by a skilled criminal defense lawyer. This comes into play most often when a scientific expert attempts to lay a foundation to admit testimony. For example, a toxicologist attempts to testify as the amount of alcohol contained in a blood sample that was sent to the state police lab by the sheriffs department after a drunk driving investigation. A skilled criminal defense lawyer will first determine who collected the blood sample and the determine who the sample was transmitted the sample to the State Police.The chain of custody is from the time of the taking of the sample to the time of the final testing.
a. Each link of the Chain of Custody is important in a criminal case
The final question is did the prosecutor adequately show that each chain in the link took proper safeguards to protect the physical evidence. For, example, if the seal was broken in the container that the evidence was stored in it would be subject to attack. This attack may be made from just observing the condition of the container. Did the custodial of the drunk driving blood sample violate a regulation or procedure that are designed to safeguard the evidence.
b. Blood Evidence taken at a the Hospital by a Physician
Blood evidence may be easier to attack in a drunk driving case when it is taken by a physician in a hospital. If the physician is is busy, he may lose temporary custody or entrust it to a third party, The third party becomes a link in the chain of custody. In most cases, this occurs where the doctor delivers the sample to a secretary or receptionist or a holding area. The next question was whether the sample was adequately labeled and the party that received the samples was identified. Whether it is a drunk driving blood sample or a DNA test, Gerald R Stahl knows how to attack chain of custody in court.
I. “Better Call Stahl” Grand Rapids Criminal Defense Lawyer.
Attorney Gerald R Stahl has attacked scientific evidence thru chain of custody arguments in Michigan for over 30 years. He routinely works in all West Michigan Courts including Kent, Allegan, Ottawa, Barry, Newaygo, and Muskegon Counties. The Law Offices of Gerald R Stahl is conveniently located in Grand Rapids near Knapp’s Corner and the 63rd District Court.
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