DNA Evidence Defense Strategy
In modern criminal proceedings, DNA (Deoxyribonucleic Acid) analysis represents one of the most powerful and decisive pieces of evidence. It is often referred to as the "gold standard" for individual identification. However, despite its high accuracy, DNA evidence is not infallible. Even a minor error during sample collection, storage, transportation, or laboratory analysis can lead to sample contamination and a completely erroneous result. In Georgia, DNA expertise is primarily conducted by the Levan Samkharauli National Forensics Bureau. For the defense, it is critically important not only to receive the expert report but also to scrutinize the entire process. A qualified lawyer, together with experts, studies the genetic profile of the biological material to determine if a mistake occurred or if alternative interpretations of the results are possible. This service is vital for individuals accused of serious crimes, where the only incriminating evidence is often a DNA trace.
What Does This Service Cover?
Criminal defense lawyers listed on Legal.ge offer comprehensive services related to DNA evidence:
- Expert Report Review: Detailed analysis of the prosecution''s DNA report with the involvement of independent experts.
- Chain of Custody Verification: Documentary verification of the sample''s journey from collection to the laboratory. If storage conditions or logging were violated, the evidence may be deemed inadmissible.
- Commissioning Alternative Expertise: Re-examining samples in independent or foreign laboratories if necessary.
- Mixed Profile Analysis: Analyzing complex cases where DNA from multiple individuals is mixed in a sample, making it difficult to isolate a specific person.
- Secondary Transfer Issues: Building a defense strategy based on the possibility that DNA traces appeared on an object not through direct contact, but via a third person or object.
Common Scenarios and Real-World Situations
DNA expertise is relevant in the following cases:
The first scenario is "Sexual Offenses." In rape cases, DNA is the primary evidence. The lawyer verifies whether the biological material belongs to the accused and ensures it hasn''t been tampered with.
The second scenario is "Murder and Violence." DNA traces found on a weapon (knife, gun) or victim''s clothing. Disputes often arise over "Touch DNA," which is present in small amounts and transfers easily.
The third case is "Identification of Unknown Bodies." Determining the identity of a deceased person by comparing DNA with relatives.
The fourth scenario is "Theft and Robbery." Cigarette butts, hair strands, or saliva traces left at a crime scene can be grounds for identification.
Georgian Legal Framework
The use of DNA expertise is regulated by:
- Criminal Procedure Code of Georgia: Article 143 (Sample Collection) and Article 52 (Evidence). The code defines rules for compulsory and voluntary sample collection.
- Law on Personal Data Protection: Genetic data is a special category of data, and its processing is strictly regulated.
- Standards of the Samkharauli Forensics Bureau: Internal regulations defining research methodology (STR analysis, etc.).
Service Process Step-by-Step
- Motion: The lawyer requests sample collection protocols and raw data from the expertise.
- Expert Involvement: A defense specialist studies the data to identify errors.
- Cross-Examination: Questioning the state expert in court to reveal weaknesses in the study (e.g., contamination risk).
- Challenging Evidence: Arguing that the presence of DNA does not prove the commission of the crime (e.g., the object was used previously).
Why Use Legal.ge?
DNA evidence requires specific scientific knowledge that many general lawyers lack. On Legal.ge, you will find lawyers who collaborate with leading experts and can effectively handle complex forensic issues. Do not let a single report decide your fate—verify it with professionals.
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