Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I have a criminal meth case approaching and just found out that one of the lead investigators got fired for failing a urine test for meth. Will this have any affect on my case?
There are two ways this could affect your case. If the investigator’s alleged drug use affected his investigation, then that could be used to challenge any of the evidence he may testify to. This could be particularly important in any physical evidence that may have been mishandled by him. Generally, evidence of his drug use would not be admissible during the trial unless it had an impact on the evidence he is testifying to.
The other way it could impact your case is if, because he is fired, he is no longer able to testify on behalf of the prosecution. Most likely this would not be an issue because he can always be compelled to testify, but if he has moved away, for example, he may not be able to testify. The prosecution may also decide he is not a good witness and decline to have him testify. If this is the case, then any evidence that he alone can present against the defendant would not be admissible.This would include any tests that he personally ran.
