There is no question that the use of DNA has changed the way criminal cases are investigated and prosecuted. While many people believe that it is irrefutable evidence, DNA evidence can be inaccurate. If you are being charged with a sex crimes, murder, or another violent crime, and the evidence against you is primarily or wholly composed of DNA evidence, then you deserve an experienced criminal defense attorney on your side.
To learn more about how DNA testing works and how it can be wrong, keep reading. Then reach out to Chambers Law Firm at 714-760-4088 for a free legal consultation.
The DNA testing process
Did you know that humans share 99.9% of their DNA with all other humans? It is true that we have genetic traits that set each of us apart. When a scientist isolates specific genetic markers that make a sample of DNA unique, they can compare it to the DNA they collect from a suspect. Law enforcement can also search for matches with publicly available DNA records. For example, people convicted of a crime may have their DNA on file with law enforcement.
How DNA testing can fail
The reality is that, when it is done correctly, DNA evidence is extremely accurate. The only realistic way that two people can have identical DNA is if they are identical twins. That said, it is entirely possible that DNA testing in a criminal case could result in an innocent person being sent to prison. There are two main ways this can happen.
The first mistake that can be made is in collecting sample at the scene. If a DNA mixture has more than three people included in it, then it is more likely to result in a flawed genetic profile. For example, consider a DNA sample that was collected from a door knob or a bathroom door. These places likely have the DNA of many people and attempts to isolate DNA to a single person can be flawed.
The second mistake is in the way the DNA is processed. It is unfortunately not as uncommon as it should be for busy Southern California crime labs to be working with thousands of samples at the same time. They employ very exacting procedures to prevent against mix-ups, but mistakes do happen. Your criminal defense attorney can request all documents relating to the sample to ensure it was collected properly and that protocol was followed for the storage, labeling, and analysis of the DNA.
This is an important part of the process due to startling situations like the one that arose in 2013 when it was discovered that more than 800 rape kits at the NYC medical examiner’s office had been processed by a technician who was not qualified or properly trained.
If you are charged with any crime and DNA is a major component in the case against you, there is still hope for you. Contact Chambers Law Firm at 714-760-4088 today for your free legal consultation.
