Just wanted to find out if any of y'all are taking pleas from defendants arrested on drug charges BEFORE you receive lab results?

If so, what are you doing to ensure that a subsequent lab result doesn't bite you in the behind and lead to an 11.07 writ? (I.e. defendant pleads to felony three dope turns out to be state jail amount.)

If anyone has any thoughts on this topic please do chime-in!

We do them if there is no big mystery about what the substance is (it was field tested) and if the substance is solidly in the weight group we are doing the plea on, then we go ahead and let the defendant waive indictment and do a plea. If it is a substance that might come back from the lab as something else (ecstasy pills can come back as 3,4 methelynedioxy methamphetamine or plain methamphetamine, or a lot of different things), then we just wait for the lab results. You just have to gauge the situation as it arises, looking at the probable substance, the weight, any timing factors (defendant has other counties waiting on him & deals lined up with them, defendant is on parole, etc).

Only if I know it's going to be a SJF, and MDMA isn't involved.

Shoot me your email and i'll send you a Waiver of Laboratory Test that i use. If it is a moderately close call with the weight, i always do the lesser amount. Also, i will only do these if there was a presumptive. Also, i have my assistant keep track of the lab when it does come in and she will send it to the defense attorney. I have never had one come back as "no dope".

Do it all the time - a negative test means nothing - remember a person can plead guilty even if they feel they are innocent. I agree not to do it without a presumptive. I had a heroin case once - the presumptive was good but the lab said negative. Defense counsel agreed that the defendant knew, at the time of the plea, that there may be a claim of actual innocence, and she wanted to go ahead (apparently she thought the stuff was heroin).