Legal Question in Criminal Law in Minnesota

getting items retested

When you get charged with items that have drug residue in them do you have the right to get them retested?


Asked on 1/12/09, 6:39 am

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: getting items retested

An accused person can ask the judge for an order requiring the state to provide the item to an independent scientist or lab for testing.

An accused has legal rights to exculpatory evidence.

FFI: http://www.liberty-lawyer.com/drugcrimecharges.html

http://www.liberty-lawyer.com/drugcrimecharges/drugstatutesmn.html

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Answered on 1/15/09, 8:01 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: getting items retested

You can seek to have them retested by :

(1) seeking an agreement with the prosecutor to allow you to arrange an expert to perform tests; or

(2) by filling a motion with the court.

Drug charges are very serious and can result in lengthy sentences. Even if incarceration is not ordered, a conviction can have a long term impact on a person's ability to find employment or even to rent a residence.

For a FREE consultation call 612.240.8005.

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Answered on 1/12/09, 1:37 pm


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