Melendez-Diaz Not Expected to Be a Factor in NC DWI & Drug Possession Prosecutions
The US Supreme Court’s Recent Melendez-Diaz decision changing the rules of allowed forensic and scientific evidence, is not expected to be a significant factor in the prosecution of cases that previously used documentary evidence.
In the Melendez-Diaz vs. Massachusetts Supreme court case, the justices determined that for any documented forensic evidence, there needs to be a scientist expert witness who prepared the documents available to explain and defend the facts. In the past, just a certified document itself has been considered sufficient evidence in court.
This kind of evidence comes up frequently in drug possession cases, where the drugs themselves must be formally identified to be illegal controlled substances. Also in DWI cases, the evidence certified by a breathalyzer machine must be documented in the same manner.
Across the country, District Attorneys have been concerned about the difficulty in needing to arrange for these experts to appear in court. Prosecutors now have to prepare for, arrange and schedule this testimony in many cases. And typically, there haven’t been a lot of these forensic examiners available to testify, since in the past, it hasn’t been necessary.
In this Daily Record story, a District 11 prosecutor (which covers Johnston, Harnett, and Lee Counties) suggests that it won’t be a big problem. It should be possible to get a continuance from the judge in the defense attorney insists on cross-examining the expert, she believes.
However, the Harnett County Sheriff is more concerned about the ruling, and considers these kind of tactics pure “legal trickery”.
We think an honest and fair confrontation of any evidence against you is a requirement under our system where you are considered absolutely innocent until proven guilty.
If you are accused of a DWI, drug possession offense, or other criminal charge in North Carolina, please call us for a legal consultation.
