Is It Possible to Defend Against DNA Evidence?

One of the greatest advances in criminal justice technology is the discovery of DNA evidence and how it’s used to solve crimes. While DNA can reveal or confirm the identity of criminals, it can also be used by prosecutors to heavily sway a jury to convict the defendant, even if the evidence is weak at best.

Many people believe that DNA makes a criminal case open and shut, but real cases don’t often shape up like those on TV. Here are some ways to defend against proof of your DNA at a crime scene.

DNA Technology Isn’t Foolproof

DNA tech sometimes appears to be “magical,” and prosecuting attorneys often rely on this quality to overshadow any potential discrepancies about the validity of the evidence itself. DNA processing must still be done by humans, and human error can cause even the most state-of-the-art technology to be rendered ineffective or inaccurate.

The Chain of Custody Must Remain Intact

DNA obtained at the scene of an alleged crime must follow what is known as a “chain of custody.” It must be traceable on paper or in computer records where the DNA sample went after it was taken from the scene and each person it was handed off to. If the chain of custody does not remain intact, a criminal defense lawyer can use this to argue that the evidence has become compromised.

Samples May Be Contaminated

DNA samples may be contaminated in other ways, besides an interruption in the chain of custody. For example, if a crime scene technician did not properly collect the sample according to procedure, it may be argued that the results are unreliable. Or, perhaps the crime scene itself became contaminated when stumbled upon by civilians, making all DNA evidence obtained at the scene questionable.

Why You Need a Zealous Hartford, CT Criminal Defense Lawyer On Your Side

Even when weak, DNA evidence is very powerful in the eyes of a jury. If a DNA sample has allegedly pinned you to the scene of a crime, you need an experienced, aggressive Hartford, CT criminal defense lawyer who will advocate for you.

Contact J. Christopher Llinas now for a consultation to discuss your case in detail and to talk through potential DNA evidence defenses. Call now at (860) 530-1781. Our office is available now to provide you with the legal assistance you need.

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Christopher Llinas

J. Christopher Llinas is a Connecticut criminal defense and immigration attorney with over 25 years of legal experience. He is the founder of Iron Chris Criminal Defense & Immigration, based in Middletown, CT. Chris earned his J.D. from Franklin Pierce Law Center (now the University of New Hampshire School of Law) in 1997 and holds a B.A., magna cum laude, in English from Salisbury University. During law school he served as a teaching assistant for Civil Procedure and Constitutional Law, and competed in moot court and trial advocacy programs. He began his legal career as an Assistant Public Defender, defending clients in felony, misdemeanor, and traffic matters. He later served as an Assistant State's Attorney, prosecuting criminal and traffic cases — giving him a firsthand understanding of how the prosecution builds its case. He has also served as a law clerk, legal aid attorney, and in-house corporate counsel before dedicating his practice to criminal defense and immigration. Chris is admitted to practice in Connecticut, Maryland, the U.S. District Court, and the U.S. Court of Appeals. He is a member of the Connecticut Criminal Defense Lawyers Association, the National Association of Criminal Defense Lawyers (NACDL), the National College of DUI Defense (NCDD), and the American Immigration Lawyers Association (AILA). His practice covers DUI and OUI defense, drug charges, weapons charges, violent crimes, juvenile matters, probation violations, federal criminal defense, and immigration removal proceedings throughout Connecticut.