Nearly 20 Years Of Combined Criminal Defense Experience On Your Side

Can you challenge DNA evidence?

On Behalf of | Dec 12, 2023 | Criminal Defense

If the police inform you they found your DNA on the victim of a crime, a weapon used in a crime or at the scene of a crime, then you may assume that’s it. You may assume there is no way you can challenge DNA evidence and may as well accept your fate.

That is not true, however. While many believe DNA evidence is infallible, it is not, as many innocent people have found out, to their chagrin.

DNA evidence, like any other evidence, is open to challenge

First, you need to look at where the DNA was. For example, there is a whole world of difference between finding it on the body of a victim than merely at the scene of the crime. But even then, there are possible explanations as to why it was where it was.

DNA collection methods are highly sensitive

The methods forensic teams use to find DNA are incredibly sensitive; some would argue too sensitive. DNA can travel by so many means that relying on a minuscule sample can mislead a court.

For instance, if you brushed past someone on a crowded train, some of your DNA could have rubbed off onto their coat. If that person then puts their coat over a seat in a restaurant where a crime is later committed, your DNA could well be at the scene, even if you have never been there in your life. If you grab a door handle, then a person about to commit a crime touches it, they could pick up your DNA from the handle and transfer it to a weapon they later use in the crime. Even the emergency services who attend the scene could transfer your DNA to the site if you had dealings with them elsewhere.

If you discover the police have DNA evidence against you, then it’s crucial to learn more about your options to challenge it.