Legal Question in Criminal Law in New York

Dna

How can a defendent be charged in a sexual abuse case for sodomy 1st degree, sexual abuse, 1st degree if the DNA testing comes back negative from the child and there were no witnesses for the defendant and only 2 witness were called on behalf of the victim and the third witness did not get called to the stand?


Asked on 9/15/03, 10:34 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Dna

This must be a nightmare for you. Accusations of child abuse impose a stigma on the person accused. In addition, often the wrong person is accused.

That seems to be the situation in your case. The 2 witnesses for the prosecution must have testified that they personally witnessed evidence that indicated that the defendant was the perpetrator. In addition, the defense attorney must not have either undermined or attacked the honesty and reliability of these witnesses or presented the judge/jury with a reasonable alternative suspect.

That is how a person can be convicted. but your email says "charged". That is a much easier thing to do. It requires almost no evidence to charge and indict a person for a crime.

A capable criminal attorney is a necessity for you to win at trial.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 9/17/03, 2:44 pm


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