Chain of Custody Errors in Drug Evidence

In Chicago, as in the rest of Illinois, drug possession charges are serious and evidence integrity is key. Chain of custody refers to the process of how physical evidence, like drugs, is handled, documented and tracked from the moment it’s seized to when it’s presented in court.

If law enforcement or prosecutors mess up the chain of custody, evidence can be excluded from court or at the very least the prosecution will have a much harder time proving their case.

If you’re facing drug possession charges in Chicago, working with an experienced drug possession lawyer can help you challenge potential chain of custody errors and protect your rights.

Common Chain of Custody Errors in Drug Possession Cases in Chicago

Errors in the chain of custody process can raise big issues in drug possession cases. Here are some of the most common errors:

1. Improper Documentation of Evidence Handling

If there’s no record of who handled the evidence or where it was stored, it can raise questions about the evidence itself. Chicago police officers must follow strict documentation procedures to ensure the evidence is authentic. Missing records can kill the case.

2. Failure to Secure the Evidence

Drugs, which are the focus of drug possession cases, must be stored in tamper proof containers and in a controlled environment. Any deviation from these procedures can contaminate the evidence making it inadmissible in court. The Illinois State Police has information on how evidence should be secured here.

3. Missing Link

A missing link occurs when the person who handled the evidence doesn’t testify or when the records show a gap in how the evidence was transported. Chicago prosecutors must establish an unbroken chain of custody to prove the evidence wasn’t compromised. Federal law also requires an unbroken chain of custody in criminal cases.

4. Failure to Use Unique Identifiers

Evidence in Chicago, especially drugs, should be marked with a unique identifier like a police inventory number. If these identifiers aren’t used or documented properly it can be hard to prove the evidence’s integrity throughout the legal process. The Cook County Court handles all criminal cases in Chicago and it’s important to know how evidence is handled there.

How Chain of Custody Errors Can Affect Your Drug Crimes Case in Chicago

If there are chain of custody errors in your case, your drug possession lawyer can challenge the evidence and get a good result. Here are the potential consequences of chain of custody errors in your case:

1. Suppression of Evidence

In Chicago, if your lawyer can show the evidence was mishandled or not properly documented the court may exclude that evidence from trial. Without the evidence the prosecution’s case falls apart.

2. Weakening the Prosecution’s Case

Even if the evidence isn’t completely excluded, chain of custody errors can undermine the prosecution’s ability to prove their case. By casting doubt on the handling of the evidence your lawyer can challenge the prosecution’s evidence.

3. Increased Chance of a Good Outcome

A successful challenge to the chain of custody can result in a good outcome for the defendant. Whether it’s a dismissal, reduced charges or a not guilty verdict challenging errors in evidence handling can be a key part of your defense.

How a Drug Possession Lawyer in Chicago Can Help with Chain of Custody Mistakes?

If you think chain of custody errors have compromised your case a drug possession lawyer can help by:

Investigating the Evidence Handling Process

Your lawyer will investigate every step of the evidence handling process, identifying any inconsistencies or errors in the chain of custody.

Filing a Motion to Suppress Evidence

If the chain of custody is broken your attorney can file a motion to suppress the evidence making it inadmissible in court and weakening the prosecution’s case.

Challenging the Prosecution’s Evidence

A drug possession lawyer can cross examine law enforcement officers, forensic experts and others involved in the evidence handling process to highlight any mistakes or gaps in the chain of custody.

Bringing in Expert Testimony

In some cases your lawyer may bring in forensic experts who can testify whether the evidence was compromised due to chain of custody errors.

Protect Your Rights with a Drug Possession Lawyer in Chicago

Chain of custody errors can impact your drug possession case in Chicago. If evidence was mishandled, not properly documented or tampered with it could result in the exclusion of critical evidence or weaken the prosecution’s case. With the help of a drug possession lawyer you can protect your rights and challenge any errors in the handling of evidence. Call Azhari LLC today to talk to one of our criminal defense attorneys.