Legal Question in Criminal Law in Washington

evidence testing

How does a defendant without legal representation request evidence be tested. Field test was done on residue in container and defendant believes there is not enough residue remaining to come back positive.


Asked on 5/22/06, 3:03 pm

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: evidence testing

The substance will already be tested by the government otherwise they will have no proof that you committed a crime. If you wish a second test you must find an expert capable of testing it. that expert will know the process for getting the substance from the prosecution. If you are too poor to afford an attorney you should find out how much the expert will cost, and then petition the court to approve the cost of the expert. Then provide the expert with proof of the courts approval. They should be able to take it from there.

The real question is why don't you have a lawyer helping you with this? If you make too much to have a public defender then you really should spend the money to hire private counsel. The lawyer will cost less than the potential consequences of your alleged criminal conduct.

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Answered on 5/22/06, 5:42 pm


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