N.J.S.A. 2C: 35-19, part of the Comprehensive Drug Act, requires that when the State intends to offer a laboratory certificate regarding the composition, quality or quantity of a controlled substance into evidence, the defendant must be notified at least twenty days before trial. The defendant then has ten days to object to the admission of the lab certificate or waives his right to do so. The laboratory certificate should contain reports including the type of analysis performed, the result of the analysis, any conclusions reached based upon that result, a showing that the author of the report is the person who performed the analysis and made the conclusions, the author's training or experience to perform the analysis, and the nature and condition of the equipment used.
In the recently decided New Jersey Appellate Division case of State of New Jersey v. Julio Heisler, four nickel or "dime bags" of marijuana were seized from Julio Heisler's car during a search. A laboratory analysis showed that one of the bags seized contained marijuana weighing .19 grams. The State served Heisler with a copy of the lab certificate and a notice of intent to offer it into evidence but did not send any accompanying reports verifying the author of the report or documenting his training or experience. Heisler objected after ten days had passed and the State responded that the time in which he could object had already passed. The State believed that as soon as Heisler received the laboratory certificate the ten day period began to run, regardless of whether or not he received any of the accompanying reports. The municipal court agreed with the State and allowed the certificate to be offered into evidence. On de novo review, the Law Division affirmed the municipal court's ruling and allowed the lab certificate to be offered into evidence.
The Superior Court of New Jersey, Appellate Division, held that the State failed to comply with N.J.S.A. 2C: 35-19 when they failed to back the certificate up with further documentation relating to the analysis, including the training and experience of the author. Since this documentation was not offered, the ten day period was found not to have begun to run, and the defendant's objection was found not to be untimely.
The New Jersey criminal defense attorneys of Villani & DeLuca, P.C. are experienced in representing individuals facing drug possession and drug distribution charges. Call today for a free initial consultation at (732) 892-9050.
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