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Possession conviction without lab confirmation?

Can you be convicted of possessing drugs if the State does not present lab test results identifying the drugs in court? In Indiana, the answer is that you can based on witness testimony and circumstantial evidence.

The Indiana Supreme Court in Helton v. State held that the State may prove its case with or without laboratory testing of a suspected controlled substance. Although chemical analysis is one way to prove the identity of a controlled substance, it is not the exclusive method of proof allowed at trial. The Court has held that the opinion of someone sufficiently experienced with a drug may establish its identity, as may other circumstantial evidence.

If you find yourself being questioned for heroin, meth, cocaine, marijuana or any other drug possession, only tell the police you want a lawyer and otherwise remain silent. At the first opportunity, you should hire an experienced criminal defense lawyer such as Steven Knecht with Vonderheide & Knecht to help you fight the State.

Filed to Ask a Lawyer, Criminal Defense, Marijuana & Other Drugs

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