As a defendant in a criminal proceeding in Massachusetts, you have important legal rights. One of those rights refers to the gathering and treatment of evidence throughout the proceeding, and if these rights are violated, you have legal recourse. To learn more about your rights and how an attorney can help, reach out to The Law Office of Paul R. Moraski directly today.
What Is Chain of Custody?
“Chain of custody” essentially refers to the process of finding, handling, and moving evidence related to a criminal case. When a chain of custody error occurs, this means that a mistake has happened somewhere along the way, putting the veracity and accuracy of the evidence at stake. If a chain of custody error occurs, it can have an impact on the outcome of a criminal case.
Why Is Chain of Custody Important in a Criminal Case?
Understanding how evidence is gathered, how it’s being stored and moved, and who’s handling it is incredibly important in a criminal case. When errors are made, it could impact the integrity of the evidence, which could adversely affect how the evidence is interpreted, unjustly resulting in a finding of guilt in a criminal proceeding. When an error in the chain of custody occurs, a defendant has legal rights. Errors in the chain of custody could result in evidence being thrown out and not allowed in court.
Examples of Breaks in Chain of Custody
Breaks in the chain of custody can take on a variety of forms. Some examples of what a break in the chain of custody might look like include:
- Evidence is improperly stored
- Evidence is improperly document
- Evidence is handled by someone who has a conflict of interest or whose participation in handling evidence is otherwise inappropriate
- Evidence is improperly moved
- Evidence is contaminated
When any of these things, or other errors, occur, the defendant has legal rights.
When It’s Time to Talk to an Attorney
If you have been charged with a crime in Massachusetts, you need an attorney on your side. This is true regardless of whether you believe evidence in your case has been improperly handled. An attorney can support you early on and build your defense from the get-go, and will be by your side in the event that any chain of custody errors or other mistakes are made during the process. If a chain of custody error does occur, your attorney can file a motion to have the evidence withheld, and charges against you could even be reduced or withdrawn.
Call The Law Office of Paul R. Moraski Today
To learn more about your legal rights and what to do when evidence in your case is improperly handled, call The Law Office of Paul R. Moraski. Our experienced Massachusetts criminal defense attorney will advocate for you and work hard to secure the best case outcome possible. Reach out today at (978) 397-0011 or online to get started.