I'm a new prosecutor. I have a pending Pos of Controlled Substance trial (juvenile) coming up in a couple of weeks.

I have filed my Certificate of Analysis and Chain of Custody Affidavits. So, if no written objection is given, I do not have to bring my DPS worker in nor prove up the chain of custody.

Here is my question: DO I STILL NEED TO BRING IN THE DRUGS?

I've had conflicting answers given from different attorneys on this. . .and I'm confused. I know I can just have the drugs here to be on the safe side, but I want to know if it is a requirement that the state bring them in.

My thought is that if I have my Chain of Custody Affidavit and my Cert. of Analysis, I shouldn't need to bring in the drugs.

Thanks!

In a juvi (non-jury, I assume) case, there should not be any need / requirement to have the drugs, especially since you have covered the chain of custody. In a jury situation, I ALWAYS like to have the drugs in the courtroom. When there is a decent (25 lb +) quantity of marihuana the smell can be really good "evidence" even when not introduced. Juries just seem to like to see the drugs - or at least a representative sample. However, in a non-jury setting, I don't think it makes that much difference.

The only other reason you may need the drugs is if there are other people in the chain of custody other that the officer who found the drugs and turned the drugs into the lab.

[This message was edited by Ken Sparks on 09-26-06 at .]