Attacking the Government's DNA Evidence
What are you supposed to do when CPS has DNA evidence to support their claims that you committed child abuse?
First, don't get too worried.
As much as you might think such proof can't be discredited, it might come with plenty of gaping holes. In fact, one could call DNA evidence a false promise.
At the end of the day, you didn't do anything wrong—and in our experience, we expect the facts will win the day in the legal system.
That isn't to say discrediting DNA is a walk in the park.
There are plenty of systemic hurdles that must be overcome. However, there is a diverse arsenal of tactics to deal with such a challenge.Has the Duty to Disclose Been Upheld?
Where DNA begins to lose its credibility is through the destruction of evidence by the police or other government actors. While the constitution doesn't demand that ALL evidence is preserved, useful evidence shouldn't be thrown away.
Unfortunately, "shouldn't" doesn't mean "isn’t allowed to be."
An article called "EVIDENCE: Using DNA Technology" shows that when the police have questionably ruined a sample, it doesn't mean that due process has been violated. (The bulk of the information provided in this article will be from this scholarly work.)
But there is one caveat.
When the police destroy or lose useful evidence, such as a DNA sample that could prove someone's innocence, we must show they've done so in bad faith. If this has been validated, we can then discredit the proof.What Are Your Rights After Being Falsely Accused?
You don't have to be hamstrung by DNA evidence. It's your right to poke holes into its validity. You can hire an expert (who will testify on your behalf as a witness) to overlook the government's analysis and evaluation process.
This expert can observe the testing results. They're also able to test or retest the various items involved in the case and review them.
It's through this kind of scrutiny that you can discredit accusations because it can catch mistakes and scientific inconsistencies.
Also, you may be entitled to making a discovery request, which allows your legal team to access almost every last detail of the testing. You'll obtain the chain of custody documentation and if the proper procedures were adhered to. Even more thorough information will be provided, such as the qualifications of the examiner and expert supporting the government’s case against you. Plus, you should get access to any unexpected results and corrective actions taken.
These are just a few examples of the information your team can examine. It's also worth noting that whether a technician has been decertified or suspended must be disclosed in some courts.
What's critical here is you get an expert witness to attack the process and ensure the rigorous standards of DNA processing are being upheld.How do You Obtain a Defense Expert?
Your defense expert could be what helps you disprove these false allegations. This means you must follow the correct steps to obtain one.
The help and testimony of a DNA analysis expert witness can save you from tremendous strife. With DNA, many variables can impact results of the tests and also how those results are interpreted by the technician or analyst.
Science might be objective in theory, but it’s practiced by humans who are subject to – well – subjectivity. Two scientists can regularly have completely conflicting interpretations of the same DNA sample.
When you have an expert witness testifying to on your behalf, supporting your defense, a skilled legal team will know the right questions to ask. They’ll eventually discredit the evidence against you, with the objective of getting your name off the Child Abuse Central Index.Putting Together Your Strongest Case
Moving on from these allegations means using professionals with a firm understanding of how to discredit the DNA evidence being used against you. That doesn't just include your legal team, but also the DNA expert witness testifying on your behalf.