Legal Question in Criminal Law in California

Re: dna evidence

In principle DNA evidence seems very hard to rebut, but in practice it can often be challenged quite effectively. There have been many cases in which lab analysts accidentally (or even deliberately) gave incorrect results.

Additionally, DNA tests often can't ID a specific individual but instead say only a very small percentage of people would match the samples. If other members of that small percentage (especially relatives of the accused) might be the real culprits, the evidence becomes less persuasive.

In many cases the DNA evidence is correct but other defenses are available. This doesn't sound like your grandson's argument, but if he had consensual sex with the woman that would explain the presence of his DNA. Depending upon where the evidence was found (on clothing, for example), there could be a perfectly innocent explanation.

Your grandson needs a lawyer right away if he doesn't have one already. After learning more about the allegations and about your grandson's version of events, she may find other ways to defend him against this evidence.

Re: dna evidence

DNA is strong evidence that can only be refuted by showing error in the test, or doubt as the the sample from the crime. Your attorney can hire experts to review and test the samples, and give their opinion and testimony. If you're prepared to spend the money on experts and attorneys to try, then contact me to discuss.

Re: dna evidence

There was a recent article the Independent Journal which reported that a review of the Arizona state dna database. The article reported that in database containing about 30,000 samples, they found over 100 duplicates. To present a defense for your grandson will require the services of an attorney. It will also require the cost of hiring an expert to review the data on his dna and fingerprints.