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How chain of custody errors can affect your criminal charges

On Behalf of | Oct 17, 2024 | Criminal Defense

For evidence to be admissible in court, there must be a clear chain of custody. This refers to the documentation of who handled the evidence from when it was collected to its presentation in court. The whole point is to ensure its integrity and authenticity.

Every person who handles the evidence must document their involvement, showing exactly how and when they received it and what they did with it. If there are mistakes in the chain of custody, it can significantly impact the trajectory of your criminal case.

Common chain of custody errors

Mistakes in the chain of custody occur when evidence is in the hands of law enforcement. Some of the most common errors include:

  • Improper handling of the evidence: This may involve physical damage to the evidence, such as breaking a seal on a drug package, contamination or degradation of the evidence or even mislabeling items.
  • Incomplete documentation: Inconsistent records or failure to document all transfers and movement of the evidence can create gaps in the chain and raise questions about who had control over or access to the evidence at various points.
  • Loss of evidence: Physical loss of evidence can occur due to negligence or poor storage by the police.

These blunders in the chain of custody can cast doubts on the integrity and reliability of the evidence. As a result, the court may exclude the affected evidence from your case, meaning the prosecution cannot use it during trial.

The potential ramifications to your case

If the court excludes crucial evidence due to chain of custody errors, it can seriously undermine the prosecution’s case. This may lead to reduced charges or, in some instances, the dismissal of your case. It could also provide you with leverage when negotiating a plea deal.

Chain of custody errors can occur in various criminal cases, including drug charges, DUIs and theft. Seeking legal guidance when facing criminal charges can help identify such legal loopholes present in your case, safeguard your rights and increase the odds of a favorable outcome.