Field Test Discrepancy Impact

Summary

Discrepancies between field tests and lab results do not necessarily lead to case dismissal but could affect the prosecutions case. Lab results are generally more accurate and are used in court. Your defense attorney can challenge the reliability of the field test and argue for possible dismissal or reduced charges. Affidavit inaccuracies and chain of custody issues can also be grounds for filing motions to dismiss or suppress evidence. Pre-trial hearings will discuss these motions, evidence, and case management. Consult a defense attorney for personalized advice.

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Yes in Sumter County Florida if the police does a field test & it comes up for heroin but when sent to the lab it says fentanyl is that a reason for dismissal?

Hello, ****. Thank you for providing more details about your situation. In Florida, discrepancies between field tests and lab results do not necessarily lead to case dismissal but could affect the prosecution's case. Here are some points to consider:
- **Lab Results**: Lab results are generally more accurate and are used in court.
- **Defense**: Your defense attorney can challenge the reliability of the field test.
- **Prosecution**: The prosecution may adjust charges based on the lab results.
Have you consulted with a defense attorney about this issue?

Yes he said he can get a homicide by fentanyl dismissed because the affidavit said heroin on field test was arrested then bonded out then rearrested for homicide by fentynal

It's good that you've consulted with a defense attorney. Here are a few additional points to consider for your case:
- **Affidavit Accuracy**: Discrepancies between the field test and lab results can be used to challenge the affidavit's accuracy.
- **Chain of Custody**: Ensure the evidence was handled properly from arrest to lab testing.
- **Legal Representation**: Your attorney can argue these points for possible dismissal or reduced charges.
Would you like more detailed information on any of these aspects?

Yes

Sure, ****. Here are more detailed points regarding your situation:
- **Affidavit Accuracy**: Your attorney can argue that the initial misidentification affects the credibility of the prosecution's case.
- **Chain of Custody**: Any break or mishandling in the evidence chain can weaken the prosecution’s case.
- **Legal Representation**: Your attorney can file motions to dismiss based on these discrepancies.
Would you like further information on how to challenge the affidavit or the process of filing motions?

Yes

Alright, ****. Let's delve deeper into challenging the affidavit and the process of filing motions:

Challenging the Affidavit:
- **Inconsistencies**: Highlight inconsistencies between the field test and lab results.
- **Credibility**: Argue that the initial misidentification affects the prosecution's credibility.
- **Expert Testimony**: Use expert testimony to challenge the reliability of field tests.

Filing Motions:
- **Motion to Dismiss**: Your attorney can file a motion to dismiss based on affidavit inaccuracies.
- **Motion to Suppress**: File a motion to suppress evidence if there are chain of custody issues.
- **Pre-Trial Hearings**: Attend pre-trial hearings where your attorney can argue these points.
Would you like information on any specific type of motion?

Yes

Great, ****. Let's focus on a specific type of motion. Would you like more information on:
- **Motion to Dismiss**: Grounds and procedure.
- **Motion to Suppress**: How to challenge evidence.
- **Pre-Trial Hearings**: What to expect and prepare.
Which one would you prefer to know more about?

All of them please

Certainly, ****. Here is concise information on each type of motion and pre-trial hearings:

Motion to Dismiss
- **Grounds**: Affidavit inaccuracies or lack of probable cause.
- **Procedure**: Filed by your attorney, stating the reasons for dismissal.

Motion to Suppress
- **Challenge Evidence**: Argue improper handling or chain of custody issues.
- **Procedure**: Filed by your attorney to exclude evidence from trial.

Pre-Trial Hearings
- **Expectations**: Discussions on motions, evidence, and case management.
- **Preparation**: Your attorney will present arguments and evidence.
Would you like further details on any of these points?

Field Test Discrepancy Impact

Summary

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