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How to dispute DNA Analysis results in an attempted murder case?

Van Nuys, CA |

DNA Analysis results were received for my husband's attempted murder case that show that a knife found on my husband has the victim's blood. In the analysis it was stated that it was his blood s, but in a small clause there was an Allele found that gives a small percentage that this blood was not the victim's or my husband's. Could this small percentage be used to dispute the results of the report. Could the combination of the absence of the victim at prelim and trail with the percentage of the DNA not being the victim's on the weapon help my husband's , or from the DA moving forward with the case? We are still waiting to set prelim. A footprint analysis was done, a discovery for its results was submitted, but we are still waiting for the results. Should we cont. to wait or set prelim

Attorney Answers 4


  1. Get an attorney. DNA is highly specialized. You will need experts. You need to work with the pD this case..

    This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.


  2. His attorney can't advise him either way the analysis is finished. It sounds like he has an attorney so he needs to follow that person's direction. Also, blood on the knife is only one factor in the case. There are other defenses regardless if blood is on a knife.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.


  3. Your husband's attorney would have to consult with a DNA expert in order to answer those questions.


  4. Continue to wait. You need a specialized DNA expert. You also should consider hiring private counsel. You need to be fully prepared at Prelim for an Attempted Murder. Contact me below for a consultation.

    Seth Weinstein, Esq.
    Southern California Criminal Defense Attorney
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

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