If you are facing a probation violation as the result of a failed drug test, you have the right to challenge the accuracy and validity of drug tests in court.
As the leading drug crime defense law firm, the attorneys at Russo, Pelletier & Sullivan understand how to effectively scrutinize and challenge drug test results.
Constitutional and Procedural Defenses
When being placed on probation in Pinellas County, it is common that the courts will order no alcohol or drugs, subject to random testing. Moreover, in drug possession probation, it is very common that an individual will waive “search and seizure” defenses, as a condition of probation. As a result, the common constitutional and procedural defenses that existed prior to going on probation may no longer exist. Nevertheless, when you speak with a member of our drug crime defense team, we will discuss any legal issues that you may have.
Chain of Custody Issues
Another common defense strategy involves scrutinizing the chain of custody of the drug sample. Any break in the chain of custody where the sample’s handling is not properly documented or there are gaps in the record can cast doubt on the reliability of the test results.
Your drug crimes defense attorney in St. Petersburg with Russo, Pelletier & Sullivan may investigate whether there were any irregularities in the handling, storage, or transportation of the sample, providing a potential defense against the accuracy and integrity of the drug test.
Reliability of Testing Methods
Your attorney may also challenge the reliability of the testing methods employed. This involves a thorough examination of the scientific processes used to analyze the drug sample.
Questions may arise regarding the accuracy and precision of the testing equipment, the qualifications of the individuals conducting the testing, and the potential for false positives or contamination to ultimately cast doubt and undermine the credibility of the results in court.
Possible Defenses
Reliability
Your drug crimes attorney in St. Petersburg with Russo, Pelletier & Sullivan may argue that the drug testing method was not sufficiently reliable or accurate, casting doubt on the integrity of the results. This defense may involve presenting expert testimony to challenge the scientific validity of the testing process.
Prescription Medications
Some individuals have a legitimate prescription for medications that could lead to a positive drug test result. Your attorney can use this as a defense, arguing the legal use of prescribed drugs that may contain substances flagged in the test.
Accidental Exposure
Your attorney might choose to argue that the positive drug test was a result of accidental exposure rather than intentional drug use. This defense could involve presenting evidence of environmental factors or external sources that may have led to the ingestion of substances.
Get Quality Legal Representation Today with Russo, Pelletier & Sullivan
Challenging a drug test after a violation of probation is a complex process that requires a thorough examination of constitutional rights, procedural protocols, and testing methods.
If you are facing a probation violation due to a positive drug test, seeking legal counsel is the first step to exploring and implementing effective defense strategies. Contact us today or call us at (727) 493-9386 to request a consultation.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.