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Defending Against False Positives on Field Drug Tests

Posted by Joseph D. Lento | Feb 14, 2024 | 0 Comments

Presumptive field tests for illegal substances were initially developed as a preliminary testing tool. Unfortunately, they have become the “de-facto” choice for law enforcement agencies. Despite being notoriously imprecise and known for producing false positives, they tend to be used as determinants of guilt in thousands of cases nationwide.

According to a report from the Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania, 773,000 people in 2023 alone were arrested because of these field drug tests. In fact, nearly 30,000 arrests made each year that are based on positive field tests involve individuals who do not have any illegal substance on their person.

If you or someone you love is charged with a drug crime after being tested with one of these tests, you must reach out to a competent criminal defense team as soon as possible. Call LLF Law Firm today at 888-535-3686 or schedule a consultation online.

Consequences of Faulty Field Drug Tests

When an individual is convicted of a drug crime in Pennsylvania, there are many different ways they can be punished. For instance, if an individual is convicted of possession of a controlled substance, they can be imprisoned for up to a year and fined up to $5,000. But if they are convicted of unlawfully manufacturing a controlled substance, it could cost them up to 15 years in prison and up to $250,000 in fines.

However, if the initial drug crime charges are based on a positive field drug test that was not corroborated with more in-depth testing, there is a chance the initial finding was false. In the UPenn report linked above, the researchers discovered that the false positive rate of the field tests was between 15-38% in some cases. It also states that, based on a 100,000-person population, Black Americans are arrested three times more than White Americans because of these erroneous field drug test results.

Given that the total number of known exonerations in 2021 was only 24, and none of them occurred in Pennsylvania, this means that thousands of people are being convicted of drug crimes because their field tests showed a false positive for illegal substances, and nothing is being done to exonerate them. Thus, being accused of a drug crime after being given a field drug test requires a robust and concise defense to prevent defendants from suffering seriously harsh consequences.

How LLF Law Firm Can Help

If you are accused of a drug crime because of a field drug test, it is crucial you reach out to a skilled criminal defense attorney immediately. Many field drug tests bear false positive results that can become the deciding evidence in a drug crime case. To prevent a prison sentence and the harsh consequences that come with it, you need a strong defense.

The LLF Law Firm Criminal Defense Team has spent years helping individuals around Pennsylvania defend themselves from criminal accusations. As such, they will work tirelessly to gather evidence and relevant witness testimony that supports your defense. Call 888-535-3686 today for help, or schedule your appointment online.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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