DNA Evidence Isn't Always A Slam Dunk For The Prosecution

The Law Office of Paul R. Moraski has recently taken on the case of a 25 year old man from Peabody, Massachusetts who was arrested on the following charges: 1st Degree Murder, Armed Home Invasion, Attempted Armed Robbery and Illegal Possession of a Firearm.

Immediately, when we see or hear the acronym; ‘DNA’ we think of definitive proof, ‘the final answer, ‘the smoking gun’, etc... That isn’t always the case. As a matter of fact, DNA evidence can be, and often is, illegally obtained. In the case of Attorney Moraski’s client, a cigarette butt discarded as part of an undercover investigation that allegedly connected the client to DNA evidence at the crime scene. When such a notion is suggested, the immediate public perception is one of guilt for the accused. However, the client has NO prior criminal record. It is alleged that this was a result of a robbery in which cash and drugs were the target. Statistically, to even plan to engage in such criminal activity, one would likely already have a criminal record. Attorney Moraski’s client does not have an adult criminal record. In fact, he not only has a clean record, he maintained gainful employment and was a junior in College studying to obtain his degree in computer science.

In this case as in many, DNA is being portrayed as the “smoking gun.” In this case, the hat was allegedly left at the crime scene and the hat contained a mixture of DNA, meaning there was more than one person’s DNA found on the hat. Additionally, the hat is purely circumstantial evidence because it only places the hat at the crime scene, not Attorney Moraski’s client.

When faced with criminal charges, it is of great importance that you not only seek legal counsel, but that you have a true understanding of your rights. When threatened with DNA evidence, it is NOT a closed case or a slam dunk for the prosecution. There are many legalities surrounding how and when the DNA was obtained. There are also instances in which DNA, does not conclusively link the accused to the actual crime. For more information on this case and others involving DNA, follow us on Facebook and subscribe to our blog.

If you have been charged with a violent crime or a crime that uses DNA Evidence in the investigation to link you to the crime immediately contact Massachusetts Criminal Defense Attorney Paul R. Moraski at 1-978-744-1200.


The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

attorneymoraski@yahoo.com
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