At The McShane Firm, we take pride in our unwavering commitment to defending our clients vigorously. In the realm of criminal defense, details matter, and one such crucial detail is the “chain of custody.” In this blog post, we will delve into what chain of custody is, its significance, and how recent mishaps in Pennsylvania have raised concerns about its integrity. We will also highlight the need for assertive criminal defense attorneys in situations where evidence may be compromised without informing defense counsel or defendants.
Understanding Chain of Custody:
Chain of custody is a meticulous record-keeping process that tracks the handling and storage of evidence from the moment it’s collected at a crime scene until its presentation in court. This rigorous documentation is essential to ensure that the evidence’s integrity remains intact and can be used effectively during legal proceedings.
The Importance of Chain of Custody:
Preservation of Evidence Integrity: Properly maintained chain of custody safeguards evidence from tampering, contamination, or alteration, ensuring that it retains its credibility in court.
Admissibility in Court: Evidence with a well-documented chain of custody is more likely to be admissible in court, bolstering the prosecution’s case or the defense’s argument.
Accountability: A robust chain of custody provides accountability, allowing authorities to trace any issues or tampering back to responsible parties.
Recent Mishaps and Chain of Custody Compromises:
In a recent incident in Pennsylvania, thousands of records, including evidence logs from the Pennsylvania State Police’s crime labs, were accidentally deleted from state servers due to “human error” during routine server maintenance. While most records have been restored, the remaining data’s recovery remains uncertain.
This data loss affected two programs used by the Bureau of Forensic Services to manage evidence, including evidence logs documenting the chain of custody. The missing logs pertain to recent crimes, potentially impacting future prosecutions. This is because these logs contain critical information about when and where evidence was collected, who handled it, and where it was sent for analysis.
The Implications:
One concerning aspect of this incident is the lack of communication with defense counsel or defendants regarding the compromised evidence. This omission raises significant questions about due process and fairness in the legal system. Defendants have the right to be fully informed about any issues with the evidence against them, and defense counsel must have access to all relevant information to mount an effective defense.
The Need for an Assertive Criminal Defense Attorney:
Given these recent mishaps and the potential compromises in the chain of custody, having an assertive criminal defense attorney becomes paramount. Here’s why:
Evidence Challenges: A skilled attorney can identify weaknesses in the chain of custody and challenge the admissibility of compromised evidence.
Protection of Defendant’s Rights: An assertive attorney ensures that defendants are informed about any issues with the evidence against them, safeguarding their rights and ensuring a fair trial.
Investigation: Defense counsel can investigate potential mishaps in the chain of custody, gather evidence of tampering or contamination, and present a strong defense.
At The McShane Firm, we are dedicated to safeguarding the rights of our clients and upholding the principles of justice. Chain of custody is a fundamental aspect of our commitment to providing a strong defense. Recent mishaps highlight the importance of having an assertive criminal defense attorney, especially when evidence integrity is in question. If you or a loved one are facing criminal charges, don’t hesitate to contact us for the proactive and professional legal representation you deserve. Your rights and a fair legal process matter, and we’re here to protect them.
Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.