How Can They Convict Without Sufficient Chain of Evidence?
Question by Justin Tudor: How can they convict without sufficient chain of evidence?
Fuel pump went out in car, I (the driver and defendant) got out to push it out of the middle of the high traffic state route. My passenger put car in park as it rolled towards a building, jumping the curb but no damage to either. After several minutes of trying to start the car we decided to move it, then a fire engine pulls in blocking us. A fireman jumped out of the truck and I asked him if he could move so we can get the car out of the way. He said they don’t have to do anything because they are in response to a drunken accident with possible injuries. He then got aggressive and walked toward me asking if i had alcohol or drugs. I said no and he answered “Don’t go anywhere, your not allowed to leave”. I still needed a ride lol, so I walked around to get away from the trucks noise level to continue my calls when the firemen started yelling at me, asking what I was doing, I told them making a call. They then informed the 1st officer (State Trooper) on scene that I had fled the seen running towards the neighborhood near. I, however was walking back when I seen him running past on the other side of the building and flagged him down, immediately sidearm drawn and ordered to the ground, which I complied and was stated in his report. Making sure I wasn’t going to be a problem (not sure why ‘i’m cool bro, i got your attention after all’ worked) he then put me on my feet hands still out to the side. I asked him if I may brush my coat off, he granted permission and I did so. This is where I am confused. After 30 min of detainment the cops asked me about marijuana specifically trying to get me to state what they claim to have found was in my possession. It was not found on my persons at the time of the search, but charged me for finding some on the ground in the vicinity of where the Trooper ordered me to the ground at gun point. Here is my point. No proof of the alleged substance at the scene was taken beyond testimony. (No photos) No proof of substance(not tested, though a cop is cleared to say if it marijuana or not-as per local law) The report the Trooper wrote claims I had substance on my coat, but no collection of my coat, or the alleged substance, or yet again even a photo. His report(trooper) claims he was dispatched to a single car crash the struck a building(no contact made) and the deputy says it was a disabled vehicle….9 cruisers, 2 fire trucks, 1 EMT for a disabled vehicle call. The prosecution has admitted to my attorney that this will be a hard case to try, and that I can take a disorderly with drug and alcohol assessment for their records. I feel this is asinine. I am going to fight this because of it’s principal, and regardless of actual innocents or guilt. I was hoping for a few opinions on this, I know that no actual advice may be given. My worst offense to date is 74 in 55, which i was guilty, didn’t know speed changed. Should I file/is it an option to file for dismissal due to insufficient proof/chain of evidence because there is actually no proof beyond statement that I was ever in possession? As well as inconsistencies in police reports.
Best answer:
Answer by dobberx
I don’t think this is a “chain of evidence” issue.
If your logic holds up, then each and every time a cop sees (and testifies) he saw a violation of the law, that charge couldn’t stick because there was no physical evidence found?
You just invalidated many speeding tickets and just about ALL traffic violations.
I think “chain of evidence” refers to the handling of physical evidence once it’s gathered. Cop A hands it off to person B who hands it off to person C and so on.
Answer by jeff
A good lawyer will get you off, but it will cost you. In fact certain lawyers with outstanding reputations probably would prevent this from even going to trial (at least based on what you said) but may cost more than the plea deal.
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