PROBLEM:

The prosecution’s forensic evidence, including expert testimony, might convince a jury that you’re guilty.

SOLUTION:

A forensic expert working for the defense examines the evidence and refutes the testimony of the prosecution’s expert at trial.

BLOOD ALCOHOL CONTENT

When you’re pulled over for allegedly driving under the influence, the police officer will typically give you a breathalyzer at the scene to measure your blood alcohol content (BAC) percentage.  Sometimes the breathalyzer device may be malfunctioning or may not be calibrated properly.  If your blood is also taken later at the police station, the timing of this blood draw can greatly affect your BAC percentage.  If your BAC is close to the legal limit of .08%, we often have the blood re-tested at an independent laboratory to verify the results.

DRUG TESTING

If you’re taking a legal medication you’ve been prescribed your doctor, that medication may show up in your system and paint a very inaccurate picture of your lifestyle.  As part of your defense we will gather evidence proving you are taking it legally, or mitigating evidence such as social usage rather than addiction.  Additionally, if the quantity in your blood is low, we can have it re-tested by an independent laboratory.

DNA MATCHING

Despite what is shown on popular crime television shows, DNA is not an exact science. Certain DNA characteristics show up in large numbers of the population.  Even though a person’s DNA as a whole is different from everyone else’s, modern DNA testing techniques can never prove an absolute 100% match to a sample.  In some instances, for example, DNA can match a characteristic of DNA taken from a glove, but it potentially matches 10,000 people to the same extent — and thus does not conclusively prove the wearer’s identify.

BALLISTICS AND GUNSHOT RESIDUE

Like DNA, Ballistics and Gunshot Residue (GSR) testing is not as definitive as advertised.  It’s not enough to say that GSR was found on your clothes, or your hands.  The prosecutor must show that the GSR found on your clothes matches the weapon used in the crime and for a variety of reasons this is difficult to do.  The FBI has noted that “reputable scientists always have reported that the finding of GSR cannot indicate the shooter.”  Ballistic fingerprinting involves comparing the marks on a bullet recovered from a crime scene with the weapon allegedly used in the crime.  Again ballistic fingerprinting can identify the weapon used in the crime but not the shooter.  If you’re accused of a crime involving a firearm, it’s a good idea to have the ballistics or GSR evidence re-tested by an independent laboratory to ensure you are not convicted simply because the state enters a gun into evidence and claims that you used it when they’ve failed to scientifically link it to you.

GANG EXPERTS

Did you know you might be placed in a gang database simply for being seen in public with an alleged gang member?  Our experts have studied and are familiar with gang members and their group social behavior; they can refute the prosecution’s assertion that you are in a gang simply because you may be associated with gang members.  A gang expert can also offer mitigating evidence that may reduce penalties.

FORENSIC ACCOUNTANTS

Forensic accountants are utilized by our litigation team for cybercrime, financial fraud and other white collar cases.  Things such as financial documents, text messages, call history, social networking profiles, and other internet data are reviewed by these specialists.  They employ a combination of investigative skills, accounting, and auditing techniques.  Sometimes the prosecution tries to overwhelm the defense team with a large quantity of documents that must be reviewed with a fine tooth comb.  A forensic accountant has the skills to recognize important evidence they may uncover during their review of the documents.

LATENT FINGERPRINT EXPERTS

Fingerprint evidence is not foolproof.  In fact, it was the law enforcement community’s realization that fingerprints were not definitive that led to the development of alternative forensic techniques.  There have been errors in the identification process, errors in the cataloging process that led to a misidentification, as well as breakdown in lab procedures that have cost defendants their liberty.  Our experts can independently verify that the prints were actually lifted from the scene, challenge the opinions of the state’s expert on fingerprint identification, and describe for the jury all the pitfalls of this inexact science.

WE’RE HERE TO HELP

If you or a loved one has been charged with a crime, call us to talk with a skilled criminal defense lawyer today: 619-363-1405 or email us at matt@lawofficemjs.com.