If there is no blood or finger prints on a knife cna it be trown out of the case and the other charges that go along with it?

Attorney answers (2)

1. Licensed in WI

   

   Ryan Harrington

   Waukesha Criminal Defense Attorney

   Contributor Level 5

   Answered February 06, 2013 07:37. In answer to your question, the knife would not simply be "thrown out of the case" and no, just because your husband's blood or prints were not found on the knife does not mean that the charges will simply be dismissed. I have no idea what the statements of the other two men were, but there are always two sides to every story-- the two men may very well have told officers that your husband was the aggressor and that it was THEY who acted with the knife in self-defense and are willing to testify as such-- who knows?? In any event, the fact that a knife was recovered and that it did not have your husband's prints or blood on it (which raises the question, 'whose blood WAS on it??') would appear to support your husband's version of events, but then again it may not necessarily contradict with the version of events given by the other two men either. It sounds as if this will largely be an issue of credibility-- your husband says they attacked him, the two men say he attacked them and if it goes to trial, the decider of fact will have to determine who's telling the truth. The DA will have to make a decision as to whether he or she believes the State has enough evidence to prove the case beyond a reasonable doubt. If the DA has proof problems, and it sounds as if he or she might, although, again, I know nothing of the facts of this case beyond what you've put in a single paragraph, the DA may be willing to negotiate the matter down to a lesser offense, such as disorderly conduct. In any event, your husband needs to contack a top notch criminal defense attorney immediately. I practice throughout the state of WI and can be reached at 262-523-4321.

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2. 

   Barry Poulson

   Hillsdale Criminal Defense Attorney

   Contributor Level 20

   Answered February 05, 2013 13:51. Your husband needs a criminal defense attorney. While the lack of blood and fingerprints works strongly for the defense, the testimony alone is enough for the case to continue. If your husband cannot afford an attorney, he should ask the court to appoint one.

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