Existed will they state dismiss the charges simply because what is said to be the item link to the defendant is not there .

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by Grant St. Jullian III

February 11, 2016

Asked 2/9/2016 – Houston, TX

DNA claims in a case by the state and the item the state says was link to the defendant it’s never tagged as evidence simply because it never existed so what I’m asking is when the defendant ask for the the item to be retested and the state don’t have the item which never

Answer

Criminal cases were taken to trial for a long time before there was DNA available as evidence, so no, missing DNA evidence does not mean automatic dismissal of a case. It’s a question of whether the State can prove their case beyond a reasonable doubt without any such evidence. The State will or will not proceed, depending on whatever evidence they have. If you are his far along in the process, I assume you have an attorney. Ask him or her if the State will proceed if there is no DNA evidence.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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