What Is “Chain of Custody” and Why Is It Important in a Criminal Case?
If you are facing criminal charges, it’s critical that you understand various aspects of the law that could impact your case and its outcome. The prosecution is responsible for proving your guilt by proof beyond a reasonable doubt. Chain of custody deals with the collection and preservation of evidence. Breaks in the chain can provide a basis to challenge the reliability of the evidence. An experienced Indianapolis criminal defense attorney from The Criminal Defense Team of Baldwin Perry & Wiley PC can investigate your case and determine if chain of custody issues are present in your case.
What Is Chain of Custody?
The chain of custody is a documented process that tracks how evidence is handled. It provides a detailed accounting of who has handled the evidence, when, and where. Evidence must be handled according to the chain of custody. If law enforcement does not follow proper protocols regarding the collection and preservation of evidence, it may be unreliable. Your attorney may be able to move to have the evidence suppressed.
What Is Chain of Custody?
There are various aspects to the chain of custody, including the following:
- Collection of evidence: Law enforcement officers collect evidence at the crime scene. They must document the evidence’s exact location, condition, and the manner they found the evidence. Each piece of evidence is given a tag with a unique identifier so it does not get confused with another case.
- Documenting the evidence: Law enforcement authorities must maintain detailed records regarding the evidence, including photographs, sketches, and written descriptions about it. A log is maintained that includes details about who handled the evidence, including the name of each person who handled it and the date, time, and purpose for handling it.
- Storing the evidence: The evidence must be stored in a certain way that prevents it from getting lost, destroyed, or deteriorated. Records regarding this storage must also be maintained. Additionally, the evidence must be locked and inaccessible to others to prevent tampering or contamination.
- Transferring the evidence: Any time the evidence is moved from one place to another, the transfer must be thoroughly documented. The recipient documents the evidence’s condition and integrity.
- Analyzing the evidence: Proper protocols must be used when analyzing the evidence, and results must be thoroughly documented.
- Presenting the evidence: When the evidence is presented in court, witnesses generally testify about the collection and chain of custody matters.
Why Does the Chain of Custody Matter in a Criminal Case?
If chain of custody rules were not followed, the evidence’s authenticity can be called into question. Chain of custody procedures are put in place to prevent evidence tampering, contamination, or the presentation of unreliable evidence. A break in the chain of custody could provide legal grounds for your defense attorney to argue that the evidence should be suppressed. If your lawyer’s motion is granted, the prosecution may not have sufficient evidence to move the case along, which could result in a dismissal of the charges.
Call Our Indianapolis Criminal Defense Lawyers for Help Determining Breaks in the Chain of Custody
An experienced criminal defense lawyer in Indianapolis can investigate your case and request and review the evidence logs as part of the discovery process. If there are noticeable mistakes, we can challenge the admissibility of the evidence or call its reliability into question at your criminal trial. Call us today to schedule a free consultation with our legal team.