Legal Question in Personal Injury in Pennsylvania

Re: wrongful convictions

A person can be convicted pretty easily. DNA is not always available. It's like a bonus. You can absolutely be convicted of this body of crimes by testimony or other circumstantial evidence alone.

You should retain private counsel for these charges. Feel free to call our offices; we don't charge for initial consultations.

Re: wrongful convictions

DNA is not necessary for a conviction. However Pennsylvania has a statute that provides that DNA evidence can clear someone accused of a crime under certain circumstances:

"� 9543.1. Postconviction DNA testing

(a) Motion -

(1) An individual convicted of a criminal offense in a court of this Commonwealth and serving a term of imprisonment or awaiting execution because of a sentence of death may apply by making a written motion to the sentencing court for the performance of forensic DNA testing on specific evidence that is related to the investigation or prosecution that resulted in the judgment of conviction.

(2) The evidence may have been discovered either prior to or after the applicant's conviction. *** If the evidence was discovered prior to the applicant's conviction, the evidence shall not have been subject to the DNA testing requested because the technology for testing was not in existence at the time of the trial or the applicant's counsel did not seek testing at the time of the trial in a case where a verdict was rendered on or before January 1, 1995 ..."

It's a difficult standard to meet and if you intend to file such a motion, you should be aware that experts will have to be retained and appeals will almost certainly be necessary.

Re: wrongful convictions

He said she said

or

she said he said.

Unfortunately, as simple as that. Depends on who the jury believes and what the proof is and how good your lawyer is.