Challenging DNA Evidence in Florida Criminal Cases

What Are Different Kinds of DNA Used as Evidence for Crimes?

There’s no question that advances in identifying and understanding a person’s DNA have had a significant impact on criminal charges and proceedings. And it can work in two ways: It can speed up identifying who’s guilty of the crime, or it can prove someone else’s innocence. For example, it’s been used successfully multiple times by the Innocence Project, an organization that works to overturn convictions that were wrong.

DNA, which stands for deoxyribonucleic acid, is part of nearly every cell in the human body. Every person (except identical twins) has unique DNA, which is why it’s become vital in criminal investigations. Because it’s present throughout the body, there are many ways of collecting someone’s DNA to analyze it for identity. That can include blood, saliva, other bodily fluids, hair, tissue, mucus, sweat, fingernails, and bones.

Traces of DNA can exist in many places at a crime scene. Trace evidence can be found all over vehicles, on carpets in buildings, on clothing samples, on utensils and drinkware, etc. It may be found on a victim’s body. The DNA can be analyzed and presented as evidence if it matches someone who may have been involved in the crime.

Is It Possible to Challenge DNA That’s Been Presented as Evidence in Court?

DNA evidence is strong, but it’s not always entirely reliable. Accurate analysis and testing rely on several steps during the process of the DNA being collected, transported, and tested. If any step of that process isn’t handled properly, the DNA may not be accurate or trustworthy. The following list isn’t exhaustive; it’s meant to provide some scenarios in which this evidence could be challenged in court with the goal of either making it appear untrustworthy or having it removed from evidence altogether.

• Chain of custody. When DNA is collected for a criminal investigation, it enters what’s known as a chain of custody. Every step of the way must be documented so it’s clear who had the evidence and who handled it from the time it’s collected through the time it’s thoroughly analyzed. If documentation is missing or the evidence was improperly handled at any point, it may be contaminated and no longer helpful to the case.
• DNA samples are mixed up or exchanged. This can easily happen in situations in which investigators are visiting multiple crime scenes in one day. They may collect samples at each site and inadvertently mislabel or otherwise identify the DNA as belonging to the wrong person.
• Someone took someone else’s DNA to the crime scene. If it can be proven, trying to pin someone else as the culprit in a crime could backfire for the person who moved the DNA.
• Expert testimony. There are situations where it’s advisable to bring in expert witnesses who can testify as to why the DNA evidence may not be reliable and how they can tell. DNA is a complex scientific study and can be difficult for jurors who aren’t well versed in that study to understand. The expert can explain more clearly, including why the evidence is faulty.

These are highly complicated cases and should be approached with the assistance of an experienced criminal defense attorney who understands the laws and how DNA cases work.

Does Law Enforcement Have the Right to Collect My DNA Without My Permission?

Not only do they have the right, but Florida law requires DNA samples to be collected from anyone who fits any of these categories:

• Has been charged with or convicted of a felony.
• Has been charged with or convicted of some classes of misdemeanors.
• Has been sent to a county jail.
• Is being supervised by the Department of Corrections or the Department of Juvenile Justice.

Typically, the DNA is collected by law enforcement using a swab inside the suspect’s mouth. Once collected, it will be entered into the Combined DNA Index System (CODIS), which is an FBI database that collects DNA records and can use them to connect crimes committed in other locations. That means law enforcement officials at every level–city, county, state, military, or federal–can compare your DNA to that found at their local crime scenes to determine if it’s a match.

Under some circumstances, a person can request to have their DNA information removed from the CODIS:

• The felony or relevant misdemeanor charges were dropped.
• The charges were dismissed.
• The person charged was acquitted rather than convicted.
• The felony charge was reduced to a misdemeanor that doesn’t require DNA sampling.

If any of these situations are applicable, a form can be filed with the Florida Department of Law Enforcement. Ask your criminal defense attorney if you have questions about the form or how to file it. It’s worth the effort and time to have it removed to put your mind at ease about future charges.

What Should I Do if I’ve Been Charged with a Crime in Florida and I’m Concerned About DNA Evidence?

Call The Law Firm of Gil Colón, Jr. as soon as possible at 863-622-9602 to schedule a free case evaluation. This is a highly technical and complicated area of criminal defense. We can review the specifics of your case and help devise the approach to achieve the best possible outcomes. We understand how stressful and traumatic this is for you, and we’re here to help.