Felony Lawyer Defenses Against DNA and Forensic Evidence

Jan 8
15:43

2012

Abraham Avotina

Abraham Avotina

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A skilled felony lawyer would never give up on their client just due to some positive DNA evidence. There are many defenses that can be used against the prosecution.

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How is your felony lawyer going to defend you if there's significant DNA evidence against you? Forensic testing has sent thousands of criminals to prison and has even set the innocent free,Felony Lawyer Defenses Against DNA and Forensic Evidence Articles but the use of DNA evidence in a court case is still controversial due to the complexity of analyzing and testing samples, as well as human error. While it may seem like the odds are against you, a skilled felony lawyer can construct a plausible defense without necessarily resorting to a plea bargain, regardless of DNA evidence.

One of the main defenses against DNA evidence is human error. This still happens often. Crime scenes are extremely delicate, and one false move by an analyst, police officer, or other party can result in the mishandling of evidence. There is a big difference between a hair particle found in a brush and one found on a body, so these small distinctions are crucial during trial. An attorney can investigate to determine whether or not procedure was followed correctly or if there were potential mistakes were to blame.

A felony lawyer who is experienced with DNA evidence knows that a report is much more complicated than a simple positive or negative result. Many times tests are ambiguous. Your attorney should review all analysis carefully for weaknesses or inconclusive outcomes. The DNA analyst who runs the test may not know enough about the case to make a conclusive statement on whether or not the sample can be unequivocally traced back to the suspect. This is where an attorney can step in and research further on their own or with the assistance of other DNA experts.

When a forensics analyst takes the stand during a trial, the felony lawyer should be prepared for a ruthless cross examination, especially if there were clear errors or misreading regarding the test results. It's also important to question their testing methods as technician error during analysis could be another potential issue.

DNA isn't a magical answer to every crime, although prosecutors often seem to think otherwise. Just because a small particle is plucked and tested doesn't mean that what is found is even substantial enough to result in a concrete analysis. An inexperienced felony lawyer, however, might be intimidated by the potential damning evidence. As a result, they might persuade clients to enter a plea bargain when it isn't the ideal option. A client should consider this carefully and possibly even seek different counsel if there was little effort to create defenses against the DNA.

Few cases are as black and white as they may appear at first glance. Don't let distress or anxiety get the better of you. A good attorney can help you retain your rights and choose the best method for proceeding with the trial. Don't believe the myths that you may have heard about a single strand of hair sending a man to jail for a life term. DNA is very complex and does require a specialized attorney, but justice can still prevail.