Objecting to the Laboratory Test in a Drug Case

Individuals who are charged with a drug offense may be able to object to the testing and the results of the drugs which were recovered.

N.J.S.A.2C: 35-19 states, in pertinent part:

1. The Attorney General of New Jersey may designate State Forensic Laboratories. These laboratories shall be staffed by employees of this State  or any of the State’s political subdivisions.

1. . . . the laboratory performing the analysis shallprepare a certificate. This employee shall sign the certificate under oath and shall include in the certificate an attestation to the results of the analysis. . . . This certificate shall be sworn to before a notary public or other person empowered by law to take oaths . . .

One reason a defendant may object to the laboratory test in a drug case is if the state attempts to use an out of state lab to test the drugs. Subsection a. of N.J.S.A.2C: 35-19a. only allows for the admissibility of a lab certificate at trial from laboratories designated in the State of New Jersey.

Additionally, the defendant may object to a lab certificate if the lab certificate is not signed under oath attesting to the results and the certificate was not sworn before a notary public or other person empowered by law to take oaths.

Finally, if there is no indication that the subscriber of the report is the person who performed the analysis and there is no reference to the subscriber’s training and experience to perform the analysis the certificate may violate N.J.S.A.2C: 35-19b.

If you or someone you know would like to speak to one of our New Jersey criminal defense attorneys about defending a drug charge in the state of New Jersey call our attorneys day or night. Our lawyers have successfully defended drug cases throughout the state. Call us today for a free consultation.