Forensic Evidence Does Not Mean A Guaranteed Conviction
While movies and TV shows often dramatize forensic evidence as being the ultimate “nail in the coffin” in a criminal case, the reality is far different.
Forensic Evidence Is Uncommon
Unlike what a certain popular TV show may have led us all to believe, there is not always an abundance of forensic evidence left at the scene of every crime that, when analyzed, clearly identifies the guilty party.
In fact, more often than not, there is little or no forensic evidence left at a crime scene. When forensic evidence is found, it is often fragile and easily contaminated or destroyed. And finally, forensic evidence can’t solve every type of crime.
Crimes Commonly Solved With Forensic Evidence
So, what types of crimes are typically solved with forensic evidence? The two most common are sex crimes and drug-related crimes.
Drug Crimes: Forensics can be used to determine the chemical makeup of a drug, and therefore, determine whether or not you were in possession of illegal drugs. If the results come back positive for illegal substances, the prosecution can use the results as evidence to convict you for anything from possession to drug manufacturing or trafficking.
Sex Crimes: In cases of rape or sexual assault, DNA evidence may be collected from the victim. If you are a suspect in the case, the police may ask you to submit your own DNA (like a mouth swab) for comparison to the DNA collected from the victim. If the DNA from the victim matches your DNA, the prosecution can prove you were with the victim.
Defending Against Forensic Evidence
While forensic evidence may seem impossible to dispute, there are actually many ways to defend against this type of evidence in court. For example a defense lawyer can challenge things like:
- Collection methods
- Chain of custody
- Machine/instrument calibration
In addition, a good defense attorney will consult with their own forensic experts to determine the validity of the prosecution’s evidence. In short, if there is forensic evidence against you in a case, it does not mean a guaranteed conviction for the prosecution.
To learn more about how we can help you defend against all types of evidence in your case, please contact our office for a free consultation.
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