What is Bribery of a Witness in California?

Sep 15, 2023

Few charges hold as much weight as those involving bribery of a witness. For individuals facing such allegations, the complexities of the legal system can seem overwhelming, placing their freedom and reputation on the line. 

As a trusted criminal defense law firm dedicated to safeguarding our clients’ rights, we at Manshoory Law Group understand the anxiety and uncertainty that come with these charges. We firmly believe everyone deserves a fair chance to present their side of the story and receive diligent legal representation. Call us today at (877) 977-7750 for a free consultation if you have been charged with bribery of a witness. 

The California Legal Definition of Bribery of a Witness 

In California, bribery of a witness is a serious criminal offense that is defined under Section 137(a) of the Penal Code. This statute outlines the specific actions that constitute bribery of a witness and the potential penalties that can be imposed upon conviction.

According to the California Penal Code Section 137(a), bribery of a witness occurs when a person directly or indirectly offers, gives, or promises to give anything of value to a witness or a person about to be called as a witness, with the intent to:

• Influence testimony — Corruptly influence the testimony of the witness in an official proceeding, whether that proceeding has already commenced or is anticipated in the future.
• Induce absence — Induce the witness to be absent from any official proceeding where their testimony may be material.

Note that bribery of a witness charges are not limited to situations where a witness has been successfully influenced or where an official proceeding has been disrupted. The mere act of offering, giving, or promising something of value with the intent to achieve any of the outcomes mentioned above constitutes a criminal offense.

What the Prosecution Must Prove 

In a prosecution for bribery of a witness in California, the prosecutor must prove several key elements. These elements must be proved to the standard of beyond a reasonable doubt to secure a conviction. 

This is because they are crucial components of the case and establish the foundation for the charges against the defendant. The elements that the prosecutor must prove include the following:

• Offer, giving, or promising something of value — The prosecutor must establish that the defendant offered, gave, or promised something of value to a witness or a person about to be called as a witness. This could include money, gifts, favors, services, or any other form of consideration.
• Intent — The prosecutor must demonstrate that the defendant acted with the intent to corruptly influence the witness’s testimony or induce their absence from the legal proceedings. 
• Official proceeding — The prosecutor must establish that the witness was involved in an official proceeding. This includes any legally recognized court or administrative proceedings, such as trials, hearings, depositions, and other formal processes.
• Knowledge of witness’s role — The prosecutor must show that the defendant knew that the individual to whom they offered, gave, or promised something of value was a witness or a person about to be called as a witness.

Remember, the burden of proof lies with the prosecution. You may be acquitted if the prosecution fails to prove any of these essential elements to the required standard of beyond a reasonable doubt. 

What are the Penalties for Bribery of a Witness? 

Being convicted for bribery of a witness can lead to significant legal consequences. In California, bribery of a witness is classified as a felony. 

Generally, the penalty for bribery of a witness is an imprisonment term of up to four years. Sometimes, the judge may place the defendant on felony probation instead of or in addition to imprisonment. Typically, the probation term will last for up to two years. 

If you are a non-citizen, you may face negative immigration consequences upon conviction. For instance, you may get deported or become marked as “inadmissible.”

Possible Legal Defenses to Bribery of a Witness 

When facing charges of bribery of a witness, it is crucial to mount a strong legal defense to protect your rights and achieve the best possible outcome for your case. While the specific defenses that can be employed vary depending on the unique circumstances of each case, here are some possible legal defenses that a skilled criminal defense lawyer might explore:

• Lack of intent — One of the key elements the prosecutor must prove is the intent to corruptly influence the witness’s testimony or induce their absence. If your actions were misunderstood, taken out of context, or lacked the necessary corrupt intent, your defense attorney can argue that you did not have the requisite mental state for the crime.
• Duress or coercion — If you were compelled to offer a bribe due to threats, force, or coercion from another party, you might be able to argue that you acted under duress and did not willingly engage in the bribery.
• Entrapment — If law enforcement officers induced or coerced you into committing the offense when you would not have otherwise done so, you might have a valid entrapment defense.
• Lack of knowledge — If you were unaware that the individual you offered something of value to was a witness or was about to be called as a witness, your attorney might argue that you lacked the necessary knowledge for the charge.
• Insufficient evidence — Your attorney can challenge the evidence presented by the prosecution and highlight any inconsistencies, contradictions, or lack of conclusive proof of your guilt.
• Misidentification — If there is a possibility of mistaken identity or misidentification, your attorney can present evidence to support this defense.
• Constitutional violations — If your rights were violated during the investigation or arrest process, such as illegal search and seizure or improper questioning without Miranda warnings, your attorney can argue that the evidence obtained in violation of your rights should be excluded.
• Testimonial privilege — In some cases, individuals have certain privileges that protect them from disclosing certain communications or information. If your actions were based on protected communications, your attorney can argue that the testimony should be privileged.
• Character witnesses — Your attorney may present character witnesses or evidence of your good reputation to counteract the negative portrayal presented by the prosecution.

Remember, every case is unique, and the effectiveness of these defenses will depend on the specific details of your situation. It is crucial to work closely with a skilled criminal defense lawyer who can analyze the facts, gather evidence, and craft a defense strategy tailored to your case’s strengths and weaknesses.

What Other Criminal Offenses are Related to Bribery of a Witness? 

There are three criminal offenses closely related to bribery of a witness. These criminal offenses include the following: 

• Bribery of an executive officer — Penal Code 67 states that it is unlawful to bribe an executive officer. Here, an executive officer means individuals such as the District Attorney and police officers. The general penalty for this criminal offense is an imprisonment term of a maximum of four years. 
• Bribery of a legislator — Penal Code 85 makes it illegal to bribe a legislator or use corrupt means to influence their voting decisions. Here, a “legislator” includes state legislators and those of a city or county board. The punishment for this offense is an imprisonment term of a maximum of four years. 
• Bribery of a judicial officer — Penal Code 92 makes it a felony to offer or give a bribe to a judicial officer, such as a judge, arbitrator, or juror. The penalty for this offense is a state prison sentence of up to four years. 

Noting the grievous penalties associated with these offenses, you will need to build a solid defense strategy if you have been charged with any of them. Hiring a skilled criminal defense lawyer can greatly bolster your chances of winning the case. 

Need a Criminal Defense Lawyer? Contact Us Today for a Free Consultation!

If you find yourself charged with bribery of a witness, take the proactive step of securing experienced legal representation. Our team at Manshoory Law Group is here to listen, understand, and advocate for you. 

Your future is worth protecting, and we are ready to guide you through this complex legal journey. Do not navigate these charges alone. Call us today at (877) 977-7750 for a free consultation, and let us start building your defense. 

Accessory to a Crime: Criminal Charges of Being An Accessory After The Fact in California

Aug 16, 2023

Aiding an individual who has engaged in unlawful activity in certain manners could lead to facing charges for the criminal offense known as being an accessory to a crime. There can be two categories of accessory to a crime:

Accessory before the fact, which involves assisting another person before they carry out a murder or crime. This might entail purchasing a firearm for someone with the awareness that it will be used to inflict harm on another individual.

Accessory after the fact, which involves supporting another person after they commit a crime. For instance, this could involve providing transportation in a getaway vehicle following the killing.

What is an Accessory After The Fact

Supporting and assisting a convicted felon or someone facing felony charges is unlawful. The reality is that if you engaged in certain illegal activities you could be charged as an accessory after the fact in California. Now, you have created legal troubles for yourself. The law is not concerned with your relationship and bond with the person you helped protect from their legal obligations. Being an accessory after the fact puts you in the crosshairs of the law.

There are several reasons a person may offer aid to another person who is facing arrest, has a court date, or was convicted of a crime. When it comes to those that you care for and love, if their future is grave due to their legal situation, you may be motivated to help them in some way in an attempt to keep them from having to endure a harsh penalty. And, while your intentions may be earnest, if you shelter, conceal, or otherwise aid a felon, this is a crime in the state of California. The crime is known as “accessory after the fact.”

If you were arrested for being an accessory after the fact, you might be confused about what your charges are and what they mean for your future. In this situation, you need experienced and seasoned legal counsel to help you with your case. The Los Angeles criminal defense attorneys at Manshoory Law Group can meet with you and discuss your legal predicament. It is possible to fight your charges to secure the best possible outcome, and an attorney at Manshoory Law Group is ready and prepared to build and execute the right defense strategy.

What are the Penalties for Accessory After The Fact?

It may seem like harboring someone or doing something that shields them from seeing through with their legal responsibilities is not too big of a deal. You may think this, especially if your actions were out of love for the individual that you took into your custody. The reality is that being an accessory after the fact in California means you could be facing a felony offense.

Accessory after the fact is a wobbler crime. What this means is that the prosecutor can charge you with either a misdemeanor or felony offense at their own discretion. What they will do is look at both your background and the details of the actual, alleged crime to help them figure out which level should be charged.

In fact, if an individual assists in the death of another person but is not physically there when the homicide takes place, they may face charges as an “accessory to murder“., which is a felony charge in California.

Misdemeanor charges can lead to a sentence of county jail for as long as one year and as high as a $5,000 fine. On the other hand, a felony charge could come with up to three years in state prison and a fine of up to $5,000.

Examples of Being an Accessory After The Fact

There are several ways that your actions could be seen as violating the law and fall under the accessory after the fact crime umbrella. Some of the most common examples of what it means to be charged with accessory to murder include:

• Any way you assist a felon to escape an impending arrest.
• Lying about the whereabouts of another party who committed a felony crime by providing an untrue alibi.
• Being the driver of a car that flees the scene of a felony crime.
• Hiding someone who allegedly committed a felony offense in your house while law enforcement is looking for them.

What Does the Prosecution Have to Prove To Get a Conviction?

When you are on trial for a criminal offense, you must be found guilty beyond a reasonable doubt for a conviction to ensue. So it is the burden of the prosecution to show that there is no conceivable way that you could be innocent of your charges. For the prosecution to have success with an accessory after the fact charge, they must prove the following four elements were true:

1. The individual who was alleged to have been protected and concealed was actually guilty of a felony offense or actively facing felony charges.
2. You had knowledge of the felony charges or the conviction of the individual in question.
3. Despite knowing about a person’s felony situation, you still actively tried to hide or aid them.
4. Your actions were a direct result of the individual’s legal situation, and you were trying to help them evade their trial or punishment.

Defenses for Accessory After The Fact

There may be several legal defense strategies at your disposal that can help you beat your charges. If certain factors and details in your case can be proven, then you may be able to have your charges dropped.

Examples of defense approaches for overcoming accessory to a crime or accessory of murder charges may include:

• You did not engage in certain actions as a way to help an individual that committed a felony crime avoid penalty because you did not know that they committed a felony crime in the first place. You were completely unaware of their criminality, and so your actions were not intentional concerning shielding the individual from harm.
• You were in a precarious situation at the time where you harbored the individual who committed a felony crime because you were being intimidated and under duress. You feared for your life and your own safety, so you felt forced to aid the felon.
• You took no willful action to harbor or aid a felon; you were simply a bystander who was around during the time that the felon was trying to hide themself.

Your attorney at Manshoory Law Group will do a comprehensive review of your unique situation to determine the best plan for defending you against the most severe outcomes.

Is Expungement Possible for Accessory to a Crime?

Expungement is the process of having one’s criminal record either sealed or erased. Expungement is ideal- when it is possible – because it gives a person a new lease on life without a criminal record. Essentially expungement means that the criminal conviction has been removed from one’s background.

It is never ideal to have a criminal record, no matter what the charges are. This is why it is not uncommon to want to know if there are any options for clearing one’s record so it does not adversely impact the rest of their life. In the case of an accessory to a crime conviction, expungement may be possible.

Accessory after-the-fact charged and convicted at the misdemeanor level has the potential for expungement. It is necessary that for any chance of getting your conviction expunged, you must have finished your jail or probation sentence.

Felony convictions where probation is the sentence can also possibly be eligible for expungement. But charges for accessory to murder may not always be expunged. Sentences that impose state prison for accessory after the fact, though, will not be eligible for expungement. When a state prison results, there is no possibility within the law for expungement.

Call an Attorney At Manshoory Law Group Today

When you are facing criminal charges that could lead to prison time and costly fines, as well as the establishment of a criminal record, then it is imperative that you have the best legal counsel and representation. In California, the Los Angeles criminal defense lawyers at Manshoory Law Group have the background and experience to help you secure results.

Contact an attorney at Manshoory Law Group to have the peace of mind that your attorney is entirely and wholeheartedly committed to helping you overcome your charges and get the ideal outcome. The team at Manshoory Law Group solely concentrates on criminal defense, so our team is laser-focused and not distracted by trying to engage in many other different areas of the law.

For all your questions and to have your case evaluated by a seasoned criminal defense attorney during a free consultation, please call Manshoory Law Group today at (877) 977-7750.

Is a DUI a Felony or a Misdemeanor?

Aug 8, 2023

A DUI (driving under the influence) is when a person is found to be operating a vehicle while intoxicated by substances like drugs or alcohol. It’s one of the most common crimes in modern America, with over 1.5 million DUIs recorded each year. But is a DUI a felony or misdemeanor? Find out in the guide below.

So, is a DUI a felony or a misdemeanor? Well, that depends on several factors, including the location where the crime occurred and the criminal history of the person involved. When it comes to the DUI felony or misdemeanor debate, the vast majority of states class first-time DUIs as misdemeanors, but elevate the crime to a felony for repeat offenders.

When is a DUI a Misdemeanor?

In the eyes of the law, a misdemeanor is classed as a “minor offense”. This means that it isn’t punished as harshly as a felony, and is generally seen as far less serious or severe than other crimes.

When it comes to whether a DUI is a misdemeanor or felony, most DUIs will be classed as misdemeanors if it’s the person’s first offense. This is true in all states except New York, New Jersey, and Washington.

Potential Penalties and Consequences of a Misdemeanor DUI Conviction

It’s worth noting that even if a DUI counts as a misdemeanor, it can still lead to some serious punishments, including the risk of jail time. Other possible punishments may include large fines, the temporary suspension of a driver’s license, and a term at DUI school.

When is a Felony DUI?

In the US, a felony is the term used for crimes that are considered to be more serious than minor offenses or misdemeanors. These crimes are often capable of causing more damage or harm to the public and are treated more seriously overall, with harsher punishments for the accused.

Factors That Can Elevate a Dui Charge to a Felony

When it comes to DUI felony or misdemeanor, there are several factors that may cause a DUI to be treated as a felony DUI, rather than a simple misdemeanor, including:

• Prior DUI Convictions – If a person already has DUI charges on their criminal record, including misdemeanor charges, any subsequent DUI offense is likely to be classed as a felony DUI charge.
• Injury or Death – If a person is driving under the influence and causes an accident that leads to injury or loss of life, it’s also likely that they will face a felony charge, instead of a simple misdemeanor DUI.
• Suspended License – Those who are found to be driving under the influence of drugs or drunk driving while having their license suspended or revoked will also typically have to deal with felony charges.
• Child Endangerment – If you drive under the influence with a child or children in the car, this may fall into the category of child endangerment, which is more serious than simply driving alone.

Penalties and Consequences of a Felony DUI Conviction

It’s important to understand the differences between misdemeanor and felony consequences and punishments. Felony punishments tend to be more severe, involving longer time behind bars, larger fines, and much longer periods with a suspended or revoked license. Those who are charged may also need to spend lengthy amounts of time in mandatory rehabilitation programs to learn more about the risks of driving drunk or high.

Common Defenses Against DUI Charges

Now we know the answer to “Is a DUI a felony?” and how states separate DUI misdemeanor or felony charges, but what can be done in defense of a person facing one of these charges? Well, a criminal defense attorney may be able to provide certain arguments in favor of the defendant.

• They could challenge the legality of the traffic stop or checkpoint which led to the arrest in the first place.
• They may also argue against the reliability of drug or alcohol testing methods and results, as these tests are sometimes unreliable.
• They can also mount an argument against any in-field sobriety tests or judgments that were made about the driver’s state.
• There’s also a possibility of questioning the handling of evidence related to the suspected DUI, which could lead to a case being thrown out.

Role of Legal Representation in Building a Defense Case

A Los Angeles DUI Lawyer or other attorney is crucial in terms of building a valid and believable case in the defendant’s favor. Without proper legal representation, many defendants risk facing the worst possible penalties, but with the aid of a lawyer, it’s possible to vastly reduce or even avoid a sentence. Plus, lawyers can assist with other matters or answer questions you have about your DUI, like how long does a DUI stay on your record.

As we can see, DUIs need to be taken seriously, as they can result in serious punishments and lifelong consequences. If you’ve been charged with a DUI, legal help is available. Contact a trusted DUI lawyer for a free consultation.

FAQ

Is a first-time DUI a felony or misdemeanor?

In most states, including California, a first-time DUI is charged as a misdemeanor. The only exceptions are New York, New Jersey, and Washington, where DUI classifications differ. Even as a misdemeanor, a first DUI can still carry penalties including jail time, fines, license suspension, and mandatory DUI school.

What makes a DUI a felony in California?

A DUI can be elevated to a felony if the driver has prior DUI convictions on their record, if the incident caused injury or death to another person, if the driver was operating on a suspended or revoked license, or if a minor was in the vehicle at the time. Any of these factors signals greater risk to public safety, which is why prosecutors pursue felony charges.

What are the penalties for a misdemeanor DUI?

A misdemeanor DUI in California can result in up to six months in county jail for a first offense, fines up to $1,000 plus penalty assessments, a six-month license suspension, and mandatory attendance at a DUI education program. Penalties increase with second and third misdemeanor offenses, including longer jail terms and extended license suspensions.

What are the penalties for a felony DUI?

A felony DUI in California carries significantly harsher consequences, including 16 months to 3 years in state prison, fines up to $1,000 plus assessments, a four-year license revocation, and mandatory completion of an 18 or 30-month DUI program. If the DUI caused injury, the prison sentence can increase to 2 to 4 years, with additional time for each victim injured.

Can a DUI felony be reduced to a misdemeanor?

In some cases, yes. California law classifies certain DUI offenses as “wobblers,” meaning they can be charged as either a felony or misdemeanor. A defense attorney may negotiate with prosecutors to reduce a felony DUI to a misdemeanor based on factors such as a clean prior record, low BAC level, or cooperation with law enforcement. Post-conviction, it may also be possible to petition the court for a reduction under Penal Code 17(b).

What Is the Legal Limit for Driving High in California?

Jul 10, 2023

California has some of the most relaxed cannabis laws in the US. However, there are still some question marks and gray areas that need addressing, like the concept of driving high. Many people want to know if driving while high is illegal, and what is the legal limit for driving high in California. So, can you drive high? This guide will provide all the answers.

Understanding Impairment

First of all, before we look at the legality of driving while high, it’s important to understand the relevant risks and dangers. Just like alcohol, marijuana can have intoxicating effects. People who are under the influence of marijuana can have different perceptions of things like distance and time, as well as slower reactions and impaired decision making.

This means that a person driving high could make mistakes while behind the wheel. They might fail to break in time to stop at a set of traffic lights or a stop sign, for example, and this can easily lead to crashes, collisions, and all of the unfortunate consequences that come along with road accidents, like injuries and even fatalities.

Driving High: Legal Limit for Driving High

Clearly, driving high is dangerous, but can you drive high from a legal perspective? Well, at the moment, California does not have any legal set limits for driving while high. Instead, the state law simply says that drivers may be charged if they are found to be under the influence of THC.
This is different to the “Per se” laws of other states, which involve set limits of detectable amounts of THC. Per se laws involve testing a suspect – using either blood or urine – to measure the THC concentration in their body and determine whether or not it’s above the legal limit for driving high.

This isn’t the case in California, which creates a lot of confusion for both drivers and law enforcement officers. Ultimately, it’s up to the officers to determine if the driver is impaired to a sufficient level and unable to safely operate their vehicle.

Prosecution and Penalties for Driving High in California

California’s Vehicle Code outlines a range of possible penalties for those who are caught driving under the influence and judged to be incapable of safely operating their vehicles:

• 1st DUI – 6 months in jail, up to $1,000 fine, up to 9 months in DUI school, up to 10 months suspended license
• 2nd DUI – Up to 1 year jail, up to $1,000 fine, up to 30 months DUI school, 2 years of suspended license
• 3rd DUI – Up to 1 year jail, up to $1,000 fine, 30 months DUI school, 3 years revoked license
• Misdemeanor DUI with Injury – Up to 1 year jail, up to $5,000 fine, up to 30 months DUI school, up to 3 years revoked license
• Felony DUI – Up to 16 years state prison, up to $5,000 fine, up to 30 months DUI school, 5 years revoked license

Arrest and Investigation Procedures

First, officers will need to arrest a person they feel to be under the influence of marijuana. In California, as in many other states, law enforcement may carry out random checks or set up DUI checkpoints to verify whether or not drivers are under the influence.

Officers may use their discretion to determine if a driver could be under the influence. They may proceed to perform certain tests in order to confirm their suspicions, which may ultimately lead to an arrest and charges.

Evidence Collection and Testing Methods

Typically, evidence collection for drugged driving involves urine and blood testing, similar to checking if someone is driving under the influence of alcohol. After consuming cannabis, THC remains detectable in the blood and urine, and these tests can identify those traces of THC in cannabis users.

Consequences of Driving High in California

As listed in the table above, charges may include prison time, large fines, terms in DUI school, and the revoking or suspending of a driver’s license. These are all serious punishments and DUIs will be left on a person’s permanent criminal record, as well (How Long Does A DUI Stay on Your Record).

Defenses and Challenges for Marijuana DUI in Los Angeles

A criminal defense attorney can be of assistance to those who have been charged with driving under the influence of marijuana. An attorney may be able to help in various ways, by challenging the validity or reliability of test results, which often produce inaccurate data, for example, or providing expert testimony on the subject of marijuana impaired driving. Lawyers can also demonstrate that a driver has a medical need for marijuana, which may help their case.

Wrongfully Accused of Driving High in Los Angeles

If you’ve been wrongfully accused of driving while intoxicated in LA, a Los Angeles DUI Lawyer can help. It’s vital to contact a lawyer to build up your case and present a strong argument in your favor, which could help you avoid serious punishments, like fines and jail time.

What Is Forensic Evidence and Its Use in Criminal Trials

May 2, 2023

Since the Industrial Revolution, society has advanced from a state in which most were unaware of why food spoiled, for instance, to a state in which refrigerators speak to their owners. Similarly, criminal prosecution has advanced from law enforcement questioning everyone in the vicinity of a crime to using science to figure out what happened and who is potentially responsible. In order for a person to be found guilty of a crime, some sort of evidence needs to be shown or found that can prove their guilt. There are different kinds of evidence, and forensic evidence is one of the most important varieties. Scientific-based evidence is referred to as forensic evidence. In this guide, we’ll answer key questions on this subject, like what forensic evidence is and what forensics’ role is in criminal law.

What is Forensic Evidence?

So, what is forensics, and what do we mean from a legal, official perspective when we talk about forensic evidence? In simple terms, forensic evidence is any kind of evidence that is obtained via scientific methods, like blood tests, DNA tests, ballistics analysis, and so on. It’s the kind of evidence often shown in popular crime shows on TV, and it can be crucial in coming to a fair and justified decision in a legal case. Although television crime dramas, present the discovery of forensic evidence as a fait accompli to a conviction, in real life, such is not always the case. Forensic evidence can be challenged, and challenged successfully, and retaining the services of an experienced criminal defense attorney can be crucial to having forensic evidence dismissed from a criminal matter.

Where Does Forensic Originate?

We’ve looked at what is forensic evidence, but what does forensic mean? Well, the word “forensic” actually comes from a Latin word, “forensis”, which refers to something that is “in open court” or “in public”. This ties into the idea of forensic testing involving public examinations and discussions regarding a legal case or criminal situation. In ancient times, forensic experts were individuals who possessed specialized knowledge and skills that could be applied in legal proceedings to help solve crimes and disputes. Over time, the field of forensics has evolved and expanded to encompass a wide range of scientific and technical disciplines that are used to investigate and analyze evidence related to criminal investigations, civil disputes, and other legal matters. Today, forensic science plays a critical role in the criminal justice system and has become an integral part of many criminal investigations around the world.

Common Types of Forensic Evidence

So, now we know what forensic means, let’s take a look at some typical examples of the sorts of evidence that forensic testing can provide. It’s important to note that forensic science is capable of finding a wide range of different types of evidence from crime scenes to help in the investigation and prosecution of criminals. The California Bureau of Forensic Services (BFS) operates ten regional laboratories for assisting law enforcement agencies that do not have access to in-house crime laboratories. As part of this system, the BFS collects evidence in the following areas: :

• Controlled Substances and Clandestine Drugs – Possession, usage, and sale of certain drugs and substances can be serious crimes. Forensic experts can make use of various forms of forensic analysis and scientific tests to check for traces of different substances either in a person’s body or on an object.
• Physical Evidence – Forensic examiners are able to use scientific testing to search for and locate a range of different types of physical evidence, which can include bodily fluids like blood, urine, and semen, as well as ballistics, shoe prints, tire tracks, trace evidence of fire debris and gunshot residue, and much more.
• Digital Evidence – As well as physical evidence, forensic scientists can also aid law enforcement in the discovery of digital evidence. This can include things like hidden files on computers and hard drives, recovery of damaged or broken computers and other devices, scanning of mobile telephones, and so on.
• BPA – BPA stands for bloodstain pattern analysis, and this can be another effective form of forensic testing – just as important as DNA analysis or checking for fingerprints. It involves examining bloodstains at a crime scene in order to determine the likely actions that caused those stains to appear.
• Fingerprint – Every human has their own unique fingerprint – even twins have been proven to have separate fingerprints, despite sharing the same DNA – and we leave fingerprint marks behind on the things we touch or hold. Forensic professionals can find fingerprints that might otherwise be invisible through procedures like dusting and fuming.
• DNA – DNA evidence is one of the most common forms of forensic evidence and can be one of the most damning pieces of evidence against a defendant. DNA is essentially the unique genetic code that every human carries in their bodily cells, and it can be found in hair, saliva, blood, and more.

How Can Forensic Evidence Help?

In many legal cases, situations can involve the word of one person or group against the word of another, and it can be difficult for any judge or jury to make a fair decision on which side to believe based purely on their words. This is where evidence comes in. Forensic evidence can support the argument of the defense or prosecution, and judges and juries will be much more likely to decide in favor of those who can provide compelling scientific evidence for their claims.

Challenging Forensic Evidence in a Criminal Matter

When forensic evidence is introduced, as with all allegations in the American system of justice, it is the proponent – the prosecution, in a criminal matter – that typically bears the burden to show the evidence is reliable. Establishing the reliability of forensic evidence requires demonstrating the validity and acceptance of the underlying scientific theory by the relevant scientific community. Secondly, there must be proof the technique applying the theory was also valid. Finally, the proponent must show the technique was properly applied in the specific case. Other reliability factors include the existence of literature supporting or rejecting the theory and technique, the potential rate of error of the technique, confirmation of the technique by others, and the experience and skill level of the person who applied the technique. All of these factors can provide an avenue to challenge the introduction of such evidence, and it will typically fall on the criminal defense attorney to introduce flaws in the technique in an effort to get the evidence disqualified from introduction at trial.

Speak to a Criminal Defense Attorney

If you, or a loved one, have been arrested on suspicion of committing a crime, and the possibility exists that forensic evidence may be used against you, contact the criminal defense attorneys at Manshoory Law Group, as soon as possible. The attorneys at our office have years of experience in criminal law, and we will do our best to ensure that any faulty bit of evidence is properly excluded from the prosecution’s case, giving you, or your loved one, the best possible chance at defending the charges asserted against you. Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.