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610-436-1410Being accused of using drugs can change your life in many serious ways. But just because you were tested does not mean you cannot fight back. Everyone has a right to defend themselves — remember, you are innocent until proven guilty, and even the most advanced drug tests can be wrong.
If you are facing drug charges, working with a criminal defense lawyer is crucial. Learn more about the different types of drug tests and how drug tests can be challenged when you’re facing drug charges in Pennsylvania.
Law enforcement agencies employ various tests to find proof of drug use. These methods are constantly improving, making drug tests more accurate and drug use charges more certain and harder to challenge.
Urine tests are the most common drug tests. You pee in a cup, and the urine is tested for drugs. These tests can find many different drugs, but they are not perfect.
Sometimes, the test can be wrong because of certain foods or medications.
Blood tests involve taking a sample of your blood. These tests can show drugs that are in your system right now.
Blood tests are usually very accurate, but they can be faulty if the blood sample is not correctly handled.
Hair tests use a small piece of your hair. These tests can show drug use over the past few months. Hair tests are harder to trick, but they are not perfect.
Things like hair dye or even certain shampoos can affect the results.
Saliva tests use a swab from your mouth. They can detect recent drug use, usually within the past few days.
These tests are easy to use and fast, but they can give wrong results if you recently ate certain foods or took some medicines.
Sweat patches stick to your skin and collect sweat over a few days. These tests can show drug use over time. But sweat patches can be affected by things like sweat from exercise or even the environment, which can lead to wrong results.
If you’ve been accused of a crime, you have the right to defend yourself. You and your defense attorney can question the prosecution’s evidence.
Some common challenges to drug tests and testing results include:
Chain of custody means keeping track of your sample from when the sample is taken to when the sample is tested. If there is a mistake in this process, like if the sample is not labeled correctly, the results can be questioned.
Your lawyer can check if the proper steps were followed.
Lab workers can make mistakes when testing samples such as mixing up samples or using the wrong chemicals. These errors can make the test results wrong. A good lawyer will look for these kinds of mistakes.
Sometimes, samples can get contaminated. This means something else gets mixed in with your sample, making the test wrong. There are also cases where samples are tampered with on purpose. Your lawyer can investigate to see if this happened.
A false positive means the test says you used drugs when you did not. This can happen because of certain medications, foods, or medical conditions. For example, eating poppy seeds can make it look like you used opiates. Your lawyer can help show that the test results are wrong.
Drug tests must be done a certain way to be accurate. If the person doing the test does not follow the right steps, the results can be wrong. Taking the right steps includes how the sample is collected and stored. Your lawyer can check if the proper procedures were followed.
In criminal drug cases, defending yourself against convictions is crucial to your future. You have the right to fight charges filed against you.
You and your attorney are working to introduce doubt into the prosecutor’s case against you. The prosecution must show a jury that you were using drugs beyond a reasonable doubt.
One of the strongest ways to challenge the case against you is to raise doubts about drug tests conducted before, during, or after your arrest. Here is how a lawyer can help you.
A criminal defense lawyer knows how to look into the drug test. A lawyer can check if the sample was handled correctly, if there were any lab errors, or if the test was done the right way.
This can help show that the test results are not reliable.
Your lawyer can raise questions about the test results in court. Your lawyer can ask if the test was done correctly or if the sample was contaminated.
Questioning the test can help create doubt about the results.
If the test results cannot be completely thrown out, a drug defense lawyer can help negotiate a plea deal. This might mean getting the charges reduced or getting you into a treatment program instead of going to jail.
If you are facing drug charges in West Chester, PA, do not wait. Your future is on the line. Drug use convictions can mean fines, time behind bars, and, in some cases, even difficulty finding employment or housing.
Attorney Michael Skinner understands how confusing these charges can be and what fighting a drug conviction means to you and your future. His experience as a prosecutor gives him insight into the other side’s tactics and goals. He is ready to hear your story and advocate for you.
Contact the Skinner Law Firm for a free consultation. Fill out our contact form or call (610) 436-1410 to schedule your appointment.
Michael J. Skinner, the founder of Skinner Law Firm LLC, is a former prosecutor with the Chester County District Attorney’s Office.
By Michael Skinner |
12 Sep, 2024
