Are you facing serious charges and considering
hiring a forensic lawyer-scientist? You haven’t heard of it? This article covers what a forensic lawyer-scientist is and how hiring one can mean the difference between jail and freedom.
Facing charges including DUI? Unhappy with your current attorney? Request a free consultation now.
Modern advancements in science and technology have revolutionized how crimes are investigated.
However, they provide a new source of evidence that most people and nearly all attorneys are blind to.
Forensics is often the most critical element that decides the outcome of criminal cases.
Similarly, forensics has put people away for life and given back innocent people their life.
Barton Morris has been an ACS-CHAL Forensic Lawyer-Scientist since 2014.
He’s the only attorney in Michigan and one of only a few dozen lawyers throughout the nation with this title.
But what does this mean, and how is it significant in investigating
drug crimes and DUI cases?
Facing charge s? Unhappy with your current attorney? Request a free consultation now.
What is ACS?
With more than 150,000 members, the American Chemical Society (ACS) is the world’s largest scientific society.
Moreover, it’s one of the world’s leading sources of authoritative scientific information.
The Chemistry and the Law Division (CHAL) has more than 1,400 members.
Chartered by Congress as a nonprofit organization, ACS is at the forefront of the evolving worldwide chemical enterprise.
This makes it the premier professional home for chemists, chemical engineers and related professions around the globe.
An ACS-CHAL forensic lawyer-scientist is one who uses valid and legitimate science for the benefit of justice and their clients.
In particular, DUI cases are increasingly tied to forensic results.
Requirements to Become a Forensic Lawyer-Scientist
To become a certified forensic lawyer-scientist, Barton completed several intensive courses in forensic chromatography, analysis and more.
Additionally, these mandatory courses and labs spanned over 160 hours.
Finally, he passed a difficult comprehensive examination.
Listed below is some of the qualification criteria for this distinction:
Be and remain a member in good standing with the ACS-Chemistry and the Law Division.
Be a lawyer in good standing with their state bar.
Answer questions posed by CHAL about bar status upon demand. Additionally, comply with all terms and conditions of the designation.
Successfully complete the ACS Forensic Chromatography Course two times.
Successfully complete the ACS Solid Drug Dose (Forensic Drug Analysis) Course and the ACS Forensic DUID (Forensic Principles of DUID) Course
. Pass a proficiency and knowledge examination based upon the courses.
Why Having a Forensic Lawyer-Scientist Can Save You During Trial
While forensic evidence is generally considered more valid than circumstantial evidence, improper forensic data can be damning in a case.
As a result,
45% of the wrongful convictions exonerated by the Innocence Project were rooted in the misapplication of forensic science.
Certified Forensic Lawyer-Scientists expose invalid or non-validated science by possessing valid scientific knowledge.
Barton Morris earned an acquittal after the jury found the defendant not guilty of a third OWI offense .
The defendant blew a .26 and .27 after getting into a single car accident.
Afterwards, the arresting officer didn’t look into the defendant’s mouth before administering the
preliminary breath test (PBT).
Obviously, this is against protocol.
If he had, he would have found a cotton swab soaked with Orajel Severe Tooth Pain Reliever (44.2% ethyl alcohol by weight).
This case establishes the importance of mastering the science of breath alcohol testing.
Additionally, it’s vital to possess a good knowledge of police officer alcohol enforcement training.
Misapplication of Forensic Science
There are many
forensic scientific methods that are used in drug and alcohol cases .
Urine screening, preliminary breath test (PBT) and hair follicle testing is the most common forensic method used in controlled substance investigations.
However, this data can be skewed for a variety of reasons.
There are multiple ways forensic evidence can produce misleading testimony:
Forensic testimony can exaggerate the significance of similarities between evidence from a crime scene and evidence from an individual. Additionally, it can also oversimplify the data.
Forensic testimony can understate, downplay, or omit analysis significance that establishes that an individual should be released.
Forensic testimony can fail to include information on the limitations such as a forensic method’s error rates. Human Error
Forensic scientists are humans, and they can make mistakes such as mixing up or contaminating samples.
These can occur in any type of laboratory testing, no matter the discipline.
In some cases,
forensic analysts have fabricated results, hidden exonerating evidence, or reported results when testing had not been conducted.
Massachusetts overturned over 21,000 drug convictions due to fabricated test results from a former state chemist.
According to the ACLU, this has been the largest single dismissal of convictions in U.S. history.
The Future of Forensic Evidence in Alcohol and Controlled Substance Cases
There’s still a lot to be done in the future of forensic evidence.
Especially in substance cases with the legalization of
recreational marijuana in Michigan.
Barton and the Impaired Driving Safety Commission presented findings about THC levels in blood.
Both Barton and the commission agreed that these aren’t an “accurate measure of the level of intoxication.”
As the only ACS-CHAL Forensic Lawyer-Scientist in Michigan,
Barton Morris and his team are dedicated to evaluating forensic evidence.
Hiring a lawyer with extensive forensic knowledge possesses a significant advantage during the trial process.
But if you’re facing serious charges, consider hiring a forensic lawyer-scientist.
The rest of your life may depend on it.
Facing DUI or drug charges? Unhappy with your current attorney? Request a free consultation now.