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DNA evidence has an important role in Washington criminal cases. It is often used to try to convict defendants or even exonerate persons who have been wrongly accused or convicted of a crime. If you are facing any criminal matter, it is crucial to obtain legal counsel and understand the potential impact of DNA evidence in your case. Our Washington criminal defense attorney is familiar with DNA evidence and can evaluate how it may affect your case.

What is DNA?

DNA is akin to a building code unique to each person’s body and is found in almost every type of human cell. This means that DNA in your blood is the same as in your hair, skin, and saliva. DNA also does not change; your unique code will always remain the same.

DNA Evidence

In Washington state, law enforcement and other professionals must collect DNA evidence across a vast category of crimes. DNA evidence can be collected from a crime scene or a victim and “matched” with a purported suspect or used to eliminate a person as a suspect in a crime. DNA may be present in hair, body fluids, blood, and other biological material at a crime scene. 

There are specific collection procedures and timeframes that must be followed by the professional collecting the DNA evidence for it to be considered reliable. These procedures avoid degradation, tampering, or contamination of this material. For example, DNA can become contaminated when DNA from another source gets mixed with DNA relevant to the case. This can be avoided by using proper gear, using clean instruments, and carefully avoiding touching other objects when handling DNA evidence.

Once collected, it can be compared to a suspect’s sample or run through national databases such as the FBI’s Combined DNA Index System. In some cases, it may be necessary for a prosecutor or district attorney to request a judge to permit them to collect a sample.

Dealing With DNA Evidence in Your Case 

There may be many ways in which DNA evidence could be an issue in your case. You should not go through this process alone as doing so can lead to inequitable results and you being deprived of your rights. 

For example, suppose you have been charged with a crime or may be facing charges. In that case, you and your attorney have the right to access the crime scene or other location after law enforcement has completed its investigation. An experienced criminal defense attorney can help you seek a court order to access the site and collect DNA evidence with your own professional. 

Alternatively, you have rights if a sample is being demanded from you. You may not be required to provide a sample absent the government demonstrating they have probable cause regarding your involvement in an alleged crime. 

Depending on your circumstances, you may also use DNA evidence to defend or exonerate yourself. Improper collection, storage, handling, or even lack of proper training by the person collecting the evidence can all be legitimate defenses and issues raised in your case. If you or a loved one find yourselves in any of these situations, we invite you to contact our law office today for help with your case. We can help you understand your legal rights and options.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

In our state, drug-related offenses are often called VUCSA, which is Violation of the Uniform Controlled Substance Act. A VUCSA felony is a felony-level drug crime. Most VUCSA crimes get charged as felonies.

Your most pressing concerns when charged with a VUCSA felony are trying to get the charge dismissed or reduced to a misdemeanor. Your first phone call should be to a Washington criminal defense lawyer, who will get to work on your defense and answer your questions, like what is a VUCSA felony.

VUCSA Offenses in Washington State

Because we have some of the toughest drug laws in the United States, most drug crimes are felonies. If you get caught with controlled substances, which can be “street drugs” or prescription drugs, you could face VUCSA charges. Making, possessing, or distributing controlled substances in our state is generally illegal and usually charged as a felony. 

Levels of VUCSA Offenses

There are three levels of VUCSA crimes in Washington:

Level I Offenses

• Possession of a controlled substance
• Manufacturing, delivering, or possessing with the intent to deliver marijuana
• Illegally using a building for the purpose of drugs
• Having a forged prescription 

Level II Offenses

• Maintaining a “drug house”
• Manufacturing, delivering, or possession with the intent to deliver narcotics or non-narcotics from Schedule I, II, II, IV, or V or an imitation controlled substance
• Delivering or possessing with the intent to deliver methamphetamine
• Possessing, making, or delivering a counterfeit controlled substance

Level III Offenses

• Making methamphetamine
• Selling controlled substances
• Possessing the component chemicals of methamphetamine with the intent to make the drug
• An adult providing real or imitation drugs to a minor
• A Chapter 69.50 felony offense that involved a deadly weapon
• Homicide involving a controlled substance

The level of the offense can impact the sentencing if one is convicted of a VUCSA crime.

Maximum Sentences for Criminal Convictions in Washington

A person convicted of a misdemeanor in our state could face a maximum sentence of 90 days in jail, fines of up to $1000, or both. If the offense is a gross misdemeanor, the fine can be as high as $5000 with jail time of 90 days to one year.

Felony convictions, including VUCSA felonies, have these sentencing maximum punishments:

• Class A felonies can result in up to life in prison, fines of $50,000, or both.
• Class B felonies can carry a maximum period of confinement of 10 years with fines up to $20,000.
• A person convicted of a class C felony can get sentenced to up to five years in prison, $10,000 in fines, or both.

When determining the appropriate sentence for a drug offense, the judge will look at the defendant’s Offender Score and whether the conviction was for a Level I, II, or III drug crime.

Fighting VUCSA Charges

Having a criminal conviction, particularly a felony, on your record can have a devastating impact on your life. You can lose your job, your professional license, your freedom if incarcerated, and thousands of dollars in fines. With your very future at stake, it would behoove you to work with a Washington criminal defense attorney who can build a strong defense or negotiate alternative sentencing options. For legal help, contact our office today.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

Embezzlement is a type of theft in Washington state. Although embezzlement is not like a simple purse snatching, they both fall under the same category, so they can have similar penalties, depending on the degree of the offense. Taking someone else’s property, whether by the use of physical force or exerting unauthorized means to appropriate the item or use it for yourself, is theft.

Under our state’s criminal code, theft can be a gross misdemeanor, a class B felony, or a class C felony, depending on the dollar value of the theft. A Washington criminal defense attorney can advocate for you and work hard to get you the best possible outcome in your situation. Let’s answer the question of what are the penalties for embezzlement in Washington. 

An Overview of Embezzlement

Taking someone else’s money at a bank could be embezzlement or some other type of theft. Let’s say that a bank clerk slips a few dollars from each cash deposit into the drawer and takes it home at the end of his shift. That situation would be embezzlement. On the other hand, if someone lifts someone else’s wallet while in line at the bank, that would be a different kind of theft.

Penalties for a Conviction of Theft

RCW 9A.56.30, RCW 9A.56.40, and RCW 9A.56.50 of the Washington state laws contain the penalties for the three different degrees of theft in our state.

1. First-degree theft. A conviction of first-degree theft under RCW 9A.56.030 is a class B felony. This category is for theft of property with a value of more than $5,000. The penalties include imprisonment in a state facility for no more than 10 years. A person could receive a fine of as much as $20,000, or both imprisonment and a fine. 
2. Second-degree theft. RCW 9A.56.040 says that a person convicted of second-degree theft has committed a class C felony, punishable by imprisonment in the state facility for no more than five years and a fine of up to $10,000. It is possible to get sentenced to only imprisonment or only a fine, or both. Second-degree theft is for property between the value of $750 and $5,000. 
3. Third-degree theft. This conviction is a gross misdemeanor under RCW 9A.56.050. A person convicted of stealing property worth less than $750 can get punished by up to one year of confinement in county jail. This offense can come with a fine of no more than $5,000. A person could get a sentence of both confinement and a fine.

Sometimes, people fall into the trap of embezzlement due to unfortunate or even tragic circumstances, like medical bills or falling behind on rent or mortgage payments. In these situations, people do not intend to keep the money indefinitely, but rather, fully intend to pay back the money when they can.

Unfortunately, a criminal record does not include explanations of what led up to committing the offense. Having a criminal record can destroy your career and your reputation. It could be nearly impossible ever to work in your current field again. The best way to avoid these unpleasant consequences is to avoid getting the conviction in the first place. The first step in trying to avoid a criminal record is to talk to a Washington criminal defense attorney as soon as possible if you are being investigated, arrested for, or have been charged with embezzlement. For legal help get in touch with our office today.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

It is every doctor’s nightmare to get falsely accused by a patient of something shocking that destroys your reputation. No matter how innocent you are, there will always be some people who will assume that “where there is smoke, there is fire.”

The worst thing to do is to assume that everything will work out fine on its own. Your first phone call should be to a Seattle criminal defense lawyer who will protect your legal rights and explain what to do if your patient accuses you of sexual assault.

Exercise Your Right to Remain Silent

Too often, innocent people think that it is safe for them to speak to law enforcement when under investigation or getting arrested because they know they have done nothing wrong. In reality, saying anything under these circumstances could get you convicted of a crime you did not commit. Your words could get twisted or taken out of context and used against you. Do not participate in questioning until your lawyer arrives, and then, follow their guidance. 

Stay Off of Social Media

The prosecution will be able to access your social media accounts, regardless of the privacy settings. You might feel the need to vent or defend yourself, but social media is not the place to do so. Every photo or comment that you post can get submitted as evidence in court.

Do Not Interact with or Confront Your Accuser

If someone goes to the extent of accusing you of sexual assault, you will not be able to convince that person that they are wrong. If anything, reaching out to your accuser will look like you are trying to intimidate the person into withdrawing the accusation. 

You might justifiably feel the person owes you an explanation for the false accusation, but confronting the individual is not the answer. It can only hurt you and your case if you do so. Instead, you might need to prepare yourself for the fact that the accuser might never explain why they took the action they did.

Do Not Give Interviews or Public Statements

Let your lawyer speak for you. Building and protecting your case is your lawyer’s job, not yours. You would not want your lawyer to come into the operating room and do your job.

Gather the Evidence of Your Innocence

Your defense lawyer will need to have hard evidence to present in court to refute the allegations of the accuser. If you rely entirely on the judge or jury believing your word instead of the testimony of your accuser, you are rolling the dice in a dangerous game.

Instead, you might go through the files at your practice and compile things your defense lawyer can use on your behalf, for example:

• Evidence that your office policy is for you never to be alone with the door closed in your office or an examining room with a patient without having a member of your medical staff present.
• Testimony from members of your office staff confirming that you do not deviate from this protocol.
• If this patient has behaved oddly in the past, you might have notes in the medical file or witnesses to that behavior. 
• Sometimes false allegations of a sexual nature are the result of a spurned romantic advance from the patient or delusional conduct resulting from a mental health disorder. Reviewing the office files might lead to the discovery of information along these lines.

A Washington criminal defense lawyer can help to preserve the good name and reputation that you have worked hard for many years to build. Contact our office today for help with your case.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

The Small Business Administration (SBA) is going after people who committed loan fraud when applying for or using Paycheck Protection Program (PPP) funds that were intended to keep our economy from collapsing during the dark, early months of the COVID-19 pandemic. Law enforcement estimates that hundreds of millions of dollars of PPP funds were obtained through fraud.

Hundreds of individuals now face criminal charges for PPP fraud, with many more expected. As with any massive criminal investigation, some innocent people might get caught in the law enforcement net because of honest mistakes. A Washington criminal defense attorney can protect your legal rights and answer questions, like what are the red flags for PPP loan fraud?

An Overview of the PPP Loan Fraud Situation

In fairness, 2020 and 2021 were chaotic times and the PPP loan rules were confusing. Some businesses were desperate enough to bend a few rules because they were afraid the pandemic would destroy their companies. Also, there were opportunists, like the SBA employee accused of accepting bribes for processing Economic Injury Disaster loan applications that contained fraudulent information.

PPP Red Flags

As the investigations progress, some common situations have emerged in fraudulent PPP loan applications and other paperwork. Here are some of the more frequent red flags that can alert lenders to the possibility of PPP loan fraud:

• Using the loan funds for improper purposes. A business was not allowed to use the PPP proceeds for whatever purpose it wanted. The PPP money was intended for only eligible expenses, like payroll, business utility bills, business rent or lease payments, and the payment of mortgage interest. Some recipients of PPP loans improperly used them for personal expenses or business expenses not authorized under the terms of the PPP loan program.
• Borrowers who did not meet the qualifications of the PPP loan program. Several large public corporations received millions of dollars in PPP loan proceeds, even though they were not in the economic dire straits required to qualify for the program. If a company had access to equity in the market, they were not supposed to apply for a PPP loan.
• Making false statements about their expenses and other data. Many companies claimed much higher payroll expenses than they actually incurred in an effort to secure more funding than they would otherwise get. Some businesses said they had more employees than they actually did or made false statements about the nature of their business in an attempt to qualify under the loan program guidelines.
• Some fraudsters committed individual or corporate identity theft; in other words, they applied for PPP loans in someone else’s name and kept the money for themselves. Another common tactic was creating fake identities and shell corporations to apply for multiple PPP loans.
• The PPP program had two phases: application and forgiveness. Both parts required supporting documentation to show eligibility for the funds and how the proceeds got used. Some individuals and companies did not submit adequate paperwork to support their application or use of the funds, while some other entities fabricated their documents.

These are just a few of the many indications of PPP fraud. If you made mistakes in any of these or other red flag areas, you might become the subject of a fraud investigation. You will want to talk to a Washington criminal defense attorney to prepare a defense strategy as soon as possible. Contact Jennifer today for an initial consultation.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

People often panic when they receive a “target letter” from the Department of Justice, and rightly so. If you get one, you will need to know the legal implications of a target letter and what to do after receiving one. 

A Washington criminal defense attorney can protect your legal rights and aggressively defend you. Let’s explore what is a “target letter” and what should you do if you get one?

What is a Target Letter?

The Department of Justice (DOJ) or a U.S. Attorney’s Office sends out target letters as formal notice that you are somehow involved in a federal criminal investigation of a white-collar crime. The investigation might have been in progress for several months or even years before you receive a target letter, or they might have just started the investigation recently.

The target letter means that the DOJ intends to call you to testify in front of a federal grand jury in the near future. Sometimes, the individual does not receive the target letter until after they get subpoenaed to testify before the federal grand jury.

Who Gets Target Letters?

You can receive a target letter if the DOJ thinks that you are either the target or the subject of a grand jury investigation. A target of a grand jury investigation is someone the DOJ believes committed a crime. The prosecutor is supposed to have substantial evidence that links the target to the crime. The odds are that the DOJ will indict you for the alleged crime.

If you are the subject of a grand jury investigation, as opposed to the target of one, that means the DOJ does not yet think you committed the crime, but you have information they think will be useful to their investigation of the criminal activity. They consider you merely a witness at this time, but you could become a target and face a possible indictment as evidence surfaces during the investigation.

What Should You Do as Soon as You Receive a Target Letter?

It might be tempting to pick up the telephone and call the contact person in the target letter, but that is one of the worst things you can do. Everything you say to the federal agents or investigators can and will be used against you. You do not have to be in a courtroom for your words to become evidence.

Your first call should be to a defense lawyer who handles federal financial crimes. By contacting a criminal defense attorney immediately, it is possible sometimes to negotiate terms that avoid having criminal charges filed against you. Other options could include limiting the scope of the grand jury investigation, having you considered as a witness and not a target, or persuading the prosecutor to close the investigation. 

You will want the delicate navigation of the grand jury investigation process to be in the hands of a skilled defense attorney rather than trying to handle it yourself as a DIY project. Think of these cases as sophisticated medical procedures. You do not want to perform surgery on yourself.

A Washington criminal defense attorney can talk to you and provide defense and guidance. Contact our office today.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

Protection order cases arise out of a civil case and there is a Petitioner and a Respondent. When a protection order is granted, it is simply an order, not a criminal conviction.  However, if the order is then violated, that violation of the order is a crime that can be prosecuted.

When a criminal case is initiated against someone and there is an alleged victim to the crime, the Court will almost always issue a No Contact Order (NCO) keeping the accused away from the victim. An NCO accomplishes the same function as a protection order but is attached to a criminal case.  If the criminal case is dismissed for some reason, the NCO is also terminated. NCO’s usually remain in place while a criminal case is pending and can also remain in place after sentencing, as part of the sentence imposed on the case.

Types of Protection Orders

There are several types of protection orders and it is important to think about which one is appropriate for your case.  Domestic Violence Protection Orders (DVPO’s) are appropriate in cases where there is a family, dating,  marriage, or cohabitation relationship and there has been violence or threats of violence in the relationship.  Anti-Harassment Orders (AHO) are appropriate where someone has engaged in repeated harassing behavior and the person has been told to stop contact and has not complied with that request, Anti-Stalking Orders are appropriate where someone is conducting real or online surveillance that can be proven, and Sexual Assault Protection Orders (SAPO’s) are appropriate when there is an allegation of sexual assault that has been made.

Initiating a Protection Order

Protection orders should be initiated either in a District Court or Superior Court near where you live.  If there is an active divorce or child custody case and the request for a protection order is connected to that case, it will be consolidated with that family law case and will likely end up in Superior Court.  Once you select which court you would like to file your case in, you can go to the Court website and find the forms you need to fill out to initiate the case.  You will need to fill out a Petition in which you will provide information about why you feel you need an order and other forms related to initiating the protection order case.  Once the petition is filed a Judge will review it and decide whether a Temporary Protection Order should be issued to keep the Respondent away from you until the full hearing.  Most of the time a Temporary Order is issued.  Once the petition is filed, a court date will be set for a full hearing on whether a longer-term order should be issued.  Your materials must be served on the Respondent.  Law enforcement can serve the materials or you can hire a legal messenger to serve the petition and hearing date on the Respondent.

Supplementing the Initial Petition

The initial Petition can be supplemented before the hearing with additional materials as long as they are filed in court and served on the Respondent before the hearing.  If there is not sufficient time for the Respondent to respond to the additional materials, that person might request and be granted a continuance on the hearing date so that they can respond.  

Supplemental materials can include:  a declaration from you or other witnesses setting out what has happened in an organized way, pictures, diagrams, voicemails, text messages or other information that corroborates your account of what has occurred.

Hearing on Protection Order Cases

Because seeking a protection order is a civil matter, the Petitioner must only prove that the events justifying the Order occurred by a preponderance of the evidence (or, that it is more likely than not that they occurred).  This is a much lower burden than in a criminal case where allegations must be proved beyond a reasonable doubt.

During the hearing, the Judge will put the parties under oath and have them describe what has occurred and/or answer questions from the Court.  The Judge will make a ruling at the end of the hearing and either grant the request for a longer order or deny the request.  

Orders are typically issued for 1-year if they are issued.  The Petitioner should prepare a draft order with the exact terms the Petitioner is requesting.  The Petitioner may want to specify no online contact, no contact through social media platforms, or that Respondent not only stay away from home and work but also other places that are regular spaces the Petitioner goes to, such as a gym, school or place of worship.  The Petitioner can also argue for an order that is longer than one-year, but there should be a reason offered that a year-long order will not offer sufficient protection.

Should the Parties Have Representation on Protection Order Cases?

The parties can represent themselves and are not required to have a lawyer represent them in these cases.  However, an attorney who is experienced in handling cases of this kind can make a much more effective presentation than a person representing themselves.  Also, Respondents need to be aware if there are allegations that are criminal in nature or are connected to a criminal investigation or case, that they might incriminate themselves if they respond to a petition without the assistance of an experienced attorney.

Contact Jennifer Horwitz Law for a Paid One-Hour Consult or Representation 

Jennifer Horwitz is experienced representing both Petitioners and Respondents in protection order cases, including LGBTQ domestic violence cases. She can either represent a party from start to finish on the case or can consult with a party representing themselves. Parties on these cases who have consulted with Jennifer Horwitz have said that even a one-hour consult put them in a much better position to represent themselves than they were in before the consult.

During a consult, Jennifer will listen to the facts that the client feels are relevant to the Petition or their response, counsel them on how to develop and present corroborating information, provide a declaration template and the applicable statute(s) to the client. Jennifer can help focus and organize your argument in a consult and is also available for a subsequent consult once materials are prepared to review materials and give feedback. Jennifer Horwitz does NOT handle protection order cases connected to family law cases. Those cases should be handled by a family law attorney.

Contact the Law Office of Jennifer Horwitz today to discuss retaining Jennifer on your protection order case or retaining her for a paid one-hour phone consultation about your case.

The label applied to the three levels of police encounters with individuals will determine the constitutional rights of the persons being stopped or detained. The Fourth Amendment protects people from unreasonable searches of their persons, houses, papers, and belongings by the government. A search warrant must be supported by sworn allegations of probable cause and describe in detail the place to be searched and the people or things the officer is to seize. 

The rules will vary depending on the nature of the encounter. A Washington criminal defense attorney can help you in understanding the three levels of police encounters: arrests, investigative stops, and consensual encounters.

Arrests

The most serious type of encounter between law enforcement and private individuals is the arrest. In our state, the government cannot legally arrest someone without probable cause. The person getting arrested has the full protection of the law on searches and seizures. Sometimes, the law requires the officer to have a valid arrest warrant.

Investigative Stops

An investigative detention, often called a “terry stop,” falls somewhere between the intensity level of an arrest and a consensual encounter. The individual is not yet under arrest, but the officer has restrained the person’s freedom of movement. In other words, the individual is not free to go.

The officer must be able to articulate a reasonable suspicion that this particular individual has committed, is in the process of committing, or is about to commit a specific crime. Hunches and “mere suspicions” do not satisfy this requirement. The reasonable suspicion must have factual grounds and observations based on the officer’s training and experience.

Although the individual is not free to leave from the scene of an investigative stop, the detention can become a de facto arrest if the stop lasts beyond a reasonable time. Also, a show of force, use of restraint, or other factors could change the situation from an investigative detention to a de facto arrest.

Consensual Encounters

A consensual encounter is a much more casual interaction between law enforcement and individuals than an arrest or an investigative stop. If you walk into the police station and ask for directions to the restroom or you chat with an officer at the grocery store, these are consensual encounters.

Paramount to a consensual encounter is the fact that you are free to walk away at any time without any adverse consequences. You do not have to answer the officer’s questions or identify yourself. If you happen to be on your property at the time of a consensual encounter, you have the right to ask the officer to leave your property. 

Often, a consensual encounter does not involve the appearance or suspicion of criminal activity. The officer may, however, ask you any questions they want to. Also, the police could ask for your consent to search yourself or your property. In a consensual encounter, the officer must accept your refusal to consent to a search.

Morphing from One Type of Encounter to Another

Sometimes, an encounter between a police officer and an individual escalates from one type of encounter to another. For example, if the officer restrains the person’s movement by telling them to go to a different location or turns on the police cruiser’s emergency lights, the encounter has likely morphed beyond a consensual encounter. Intimidation through a show of force like additional officers can make the situation no longer a consensual encounter.

If you feel that a law enforcement officer violated your constitutional rights, you will want to talk with a Washington criminal defense attorney immediately. Contact Jennifer today to learn more.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

DNA testing is a double-edged sword. Law enforcement has solved countless cold cases as well as current cases based on DNA evidence. The problem arises from the fact that, like almost everything, DNA testing is not 100% reliable. A miscarriage of justice can result when someone gets wrongfully convicted based on incorrect DNA results or interpretations.

Fighting a wrongful conviction based on inaccurate DNA evidence involves sophisticated litigation. A Washington criminal defense attorney could help you if you got caught in the web of unreliable forensic evidence. Let’s explore the issue of, Is DNA testing reliable in criminal cases?

Does DNA Evidence Point a Guilty Finger at One Individual?

Not really. Contrary to what you see on television shows, DNA testing almost never definitively says that the suspect or defendant committed the crime. DNA evidence is far more reliable to eliminate a suspect rather than to pin the blame on that person. In other words, DNA evidence could reveal that suspect A might have committed the crime, but that suspect B could not have committed the crime. 

Can DNA Testing Get Used to Confuse a Jury?

Yes. For example, DNA testing might establish that the defendant falls within a group of only 3% of the population who have certain genetic markers. With the US population exceeding 330 million people, that seemingly small group contains 9.9 million individuals. Eliminating 97% of the population is not enough to support a conviction. 

Does DNA Testing Pinpoint One Person Out of a Family?

DNA results might find a match, but the match would also be to any number of close relatives of that individual. It could be easy to convict one person for a crime committed by that individual’s brother, father, cousin, or son. That detail does not always get pointed out to the jury. 

Does Law Enforcement Use Damaged DNA Samples or Partial DNA Profiles?

Yes, and when they do, miscarriages of justice can happen. Moisture or extreme heat or cold can damage a DNA sample. Also, the passage of time can corrupt a DNA sample.

A damaged DNA sample will not provide all of the essential markers needed for a reliable DNA profile. In a perfect world, scientists can examine a complete DNA sample and find at least 16 different aspects of the individual’s DNA. Incomplete samples might only describe one trait of a person, like the color of their hair.

Can a Full DNA Sample Identify the Wrong Person?

Yes. There might be DNA material from more than one person in the sample. If the evidence team at the scene or the lab accidentally combines the material from multiple people, it is possible to generate one DNA profile. That profile could be highly inaccurate.

How the “CSI Effect” Can Contribute to Wrongful Convictions

People have a great deal of respect for forensic evidence. It appears to be scientific and a little magical at the same time. Thanks to television shows, we are used to forensic evidence being the unquestionable proof that convicts guilty people. 

There are two problems with this situation. One, juries can be hesitant to convict a person if there is no available DNA evidence. Two, juries give forensic evidence more weight than it deserves. At best, DNA evidence might show a likelihood that a certain individual committed a crime more than some random person off the street. DNA results should not be the only evidence to support a conviction.

If you are facing criminal charges that might involve the use of forensic evidence, you will want to talk to a Washington criminal defense attorney right away to protect your legal rights. If you are in need of legal assistance contact Jennifer today.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.