What Makes Up a Person’s DNA?

DNA is a molecule found in essentially every cell of a living organism, which determines how that organism will develop and function. DNA can be found in every human being. But every person’s DNA is unique. Because of the uniqueness of the genetic structure of each individual person, forensic science has developed means for analyzing the cell’s genetics and identifiers we leave behind when we come in contact with other people and objects. Via this scientific method, a tissue cell can be used to identify an individual by matching their DNA structures.

Almost every cell in the human body contains DNA. Your DNA is the same regardless of whether the cells were collected from your hair, saliva, blood, skin, or other body tissue. Your DNA does not change throughout your lifetime.

While every individual has a unique genetic code, the DNA of any two individuals is approximately 99.6% the same. However, that 0.4% creates genetic variations between individuals and makes us unique. Prosecutors or criminal defense lawyers can use that uniqueness to prove a criminal case in a court of law.

When is a DNA Sample Required?

Under Florida law, DNA samples must be collected by every individual considered a ‘qualifying offender.’ These include:

  • All individuals arrested on felony charges in Florida
  • Any individual convicted of a felony or attempted felony in Florida or a similar criminal offense in another jurisdiction
  • Every person committed to a county jail, committed to or under the supervision of the Department of Juvenile Justice or under the supervision of the Department of Corrections
  • If charged with a felony DUI, the defendant must supply a DNA sample
  • Same for certain drug crimes, assaults, violent crimes, burglary, and sexual battery
  • Those facing criminal charges for sexually motivated misdemeanors or gang-related activity may be required to provide DNA samples

In general, qualified offenders can mean any adult or juvenile convicted of any felony offense and any misdemeanor offense involving sexually motivated crimes or criminal gang activity.

How is DNA Collected from a Suspect in Florida?

The Florida government and Tampa police officers believe in the value of DNA evidence in criminal cases. As a result of this, the state has a comprehensive DNA database with thorough records of suspects and arrestees.

DNA samples can be collected from a long list of potential sources. Items that bodily fluids, hair, or skin come in contact with could have an individual’s DNA. This may include hats, face masks, clothing, bedding, undergarments, and gloves.

Items placed in the mouth, such as toothbrushes, toothpicks, cigarettes, bottles, and glasses, can all contain DNA evidence.

Fingernail scrapings, bruises, cuts, weapons, tools, and sexual assault kits can also be used to collect DNA evidence.

A DNA sample used to match DNA records with an individual can be collected via urine, saliva, blood, or hair follicles.

How Does DNA Affect a Criminal Case?

Except for cases involving identical twins, there are very low chances of an individual’s DNA matching another person’s in a criminal case. The low probability of matching DNA evidence with another individual makes biological evidence a go-to method in criminal cases for both the legal defense team and the prosecution.

Your criminal defense lawyer may use the absence of DNA evidence to express doubt in the evidence obtained by the prosecutors. On the other hand, the prosecutor may use existing DNA evidence to strengthen their case against the defendant if DNA samples match the genetic material left at the crime scene. In general, most Florida juries find DNA evidence to be a compelling piece of evidence in criminal cases.

Whether genetic evidence can be used to win your case or sink it, it is essential that you retain professional legal representation when defending your criminal case in a court of law. Our legal team has extensive experience representing clients and criminal cases, including those where DNA evidence is used for defense or prosecution. To learn more about DNA evidence and how it may relate to your case, please schedule a free case evaluation with our law office today.

Is DNA Evidence Considered Accurate?

DNA evidence can be convincing, but it’s not always accurate. Usually due to human error, collected DNA evidence could be misleading, defective, or contaminated. If there are any potential holes in the prosecutor’s case, a skilled criminal defense lawyer will seek to exploit those holes and approve your defense by raising questions about reasonable doubt.

While there may be rigid standards for collecting, categorizing, and testing DNA samples, mistakes can and do happen. In some cases, DNA degrades if not collected or stored properly. In other cases, law enforcement may make mistakes when collecting DNA evidence.

It must be noted that the presence of DNA evidence of the defendant at a crime scene is not alone enough to convict that individual. DNA may be transferred in numerous ways, sometimes before or after the crime occurred. Simply because your DNA appeared at the crime scene does not mean you will be found guilty. Other facts must be determined and sought out.

What Are Potential Challenges to DNA Evidence in a Criminal Case?

Despite the many benefits of DNA evidence, winning a criminal case on DNA evidence alone can be a challenge. Any lapses or discrepancies in the collection, storing, or transfer of custody of DNA evidence could be used to defeat an otherwise strong-looking case.

If DNA evidence has been acquired that makes you look like the most probable suspect for a crime, your criminal lawyer will attempt to find issues with the evidence, including potentially looking for chain of custody issues in the mishandling of genetic evidence. Additionally, expert witness testimonies are often sought when DNA evidence is used in a criminal case. The opinions of a qualified forensic expert could be used to influence the outcome of a criminal trial.

The mislabeling of samples, contamination during storage, mistakes made in interpreting DNA results, and other procedural errors may be potential problems with DNA evidence in your criminal case.

Can DNA Evidence Be Used After a Criminal Conviction?

DNA evidence can be used after a criminal conviction to exonerate the wrongfully accused and potentially identify the real culprits behind a crime.

If certain criteria are met, it is possible to apply for DNA testing after a criminal conviction. Those who pled guilty to a crime may apply for DNA testing only under limited circumstances.

To learn more, please get in touch with our Law Offices to schedule your free initial consultation today.

Schedule a Free Consultation with an Experienced Criminal Defense Attorney in Tampa Today

Our legal team has years of experience representing clients in a number of different types of criminal defense cases, including those where DNA evidence was used to either bolster the defense or strengthen the case for the prosecution. Whatever the case may be for you, our law firm would be proud to fiercely represent your interests and legal rights as you pursue the most favorable outcome to your case possible.

Contact our law firm to schedule your free case review today at 813-252-1529.