Drug Certificates are no longer accepted to prove the type, quality and quantity of the drug evidence against a defendant. The Supreme Court in the famous case of Melendez-Diaz v. Massachusetts now requires that a chemist who is an expert in drug analysis be called as an expert witness to prove the type and quantity of the drugs which the Commonwealth intends to use or introduce against the defendant before the court will allow that to happen.
While the new law will create a tougher burden upon the Commonwealth, the testimony by the expert which is subject to cross examination by the defendant’s attorney assures that the claimed drug quantity and quality is what it purports to be.
Although this is a heavier and costlier burden in the prosecution of these cases, hopefully the Commonwealth will spend its energies on the larger cases rather than those which are minor or insignificant.
Ianello & Brittain P.C. located in Western Massachusetts, with offices in Springfield, represent you in personal injury and criminal cases.
