This book is a user-friendly manual and tutorial/textbook useable in courts and provides defense attorneys with the tools to successfully represent their clients under the existing precedents despite the resistance of some judges who declare that marijuana tests have never rendered false positives and ignore published scientific findings as well U.S. Supreme Court decisions. The book arms you with the legal and scientific material for your pretrial and trial battles.
Pretrial In Limine Motions and Motions for Dismissal
The
book details an all but unknown 1974 study by 14 scientists and two
attorneys that unequivocally finds that the prosecution’s typical
marijuana tests do not confirm the presence of marijuana in a seized
substance. Moreover, the book describes a little known U.S. Supreme
Court decision agreeing with this finding as well as supportive
scientific studies and state supreme court decisions. The book contains
the scientific and legal ammunition you need to persuade the trial
judge to first conduct a pretrial hearing and then to exclude the
prosecution testimony.
This material enables the defense to bring successful motions for dismissal as well as in limine motions
to exclude. The book documents repeated claims of infallibility by
both DEA agents and local police officers. The book contains extensive
quotations from DEA agents’ sworn testimony and affidavits claiming that
its marijuana tests are infallible. The book exposes those claims as
scientifically impossible. As Judge J. William Ryan observed in one
case, such overstated claims call into question the “integrity” of the
prosecution’s expert witnesses. The book even contains a detailed
request for an evidentiary hearing seeking dismissal that was granted by
a hostile judge who had previously believed that government drug
analysts can do no wrong.
The
scope of the book is not limited to federal practice; the book deals
with police experts as well as DEA witnesses. Police witnesses often
testify based solely on non-specific field tests. The book establishes
that like their DEA counterparts, unqualified police officers and police
lab analysts frequently assert in court that their field tests
infallibly confirm the presence of marijuana in a seized substance. As
in the case of federal prosecutions involving the DEA, these overstated
assertions can serve as a basis for a dismissal or at least an
evidentiary hearing to exclude the evidence.
Cross-Examination at Trial
If the case goes to trial, the book provides scores of piercing cross examination questions which can strip the prosecution’s expert witness of any credibility. Many of the questions are garnered from actual trials that resulted in acquittals. The book not only exposes the spurious answers sometimes given by prosecution witnesses; marshaling the relevant science, the book also explains the correct answers. - John Kelly
Beat Marijuana Charges Without Plea Bargaining is available now on Amazon.com!
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