DNA and Forensic Evidence at Your Court-Martial

The government has accused you of committing a sex crime in the military. They claim they possess evidence that provides irrefutable proof of your guilt. They’re betting on your giving up and admitting your guilt. They think you’ll take the easy way out—a plea bargain set up by your JAG defense attorney. This plea bargain may look good compared to a guilty verdict. The reality is much worse. They’re about to throw you under the bus. The prosecution knows exactly what you’re thinking. They’ve handled hundreds of cases like this before and they’re experts at turning up the heat.

  • They know that many service members cave and admit their guilt at any mention of evidence against them.
  • They know by comparing the guilty verdict next to a plea deal, the service member will often choose the best of the two, never realizing there’s another way.
  • They know the odds are unlikely of a service member hiring an outside attorney capable of winning their case.

That’s what they know. So when you come at them with a high-powered team of attorneys capable of fighting back in equal measure—using your own DNA expert and the forensic evidence against them—they never expect it.

Bilecki & Tipon has used this strategy on dozens of occasions, usually to the complete destruction of the prosecution’s case. They’re so used to stepping over accused service members that they rarely have to fight back.

That gives us the perfect opening. The only question now is, are you willing to take it?

DNA and Forensic Evidence Can Be Defended Against

The prosecution is relying on your ignorance of DNA and forensic evidence to force your hand and accept a plea bargain in court.

That isn’t going to happen. You know that an experienced team of civilian court martial lawyers attorneys can spin that very evidence against them. DNA and forensic evidence can be fought. Smart defense teams do this every single day:

  • The testimony of a single expert witness can destroy a prosecution’s DNA and forensic evidence.
  • A civilian defense attorney can retain experts to review the DNA and forensic evidence to refute the claims made by the prosecution.
  • The prosecution’s evidence can be eliminated entirely if the defense can prove it was attained illegally (this happens more often than you’d think).
  • The defense can take a line of questioning that spotlights the inconsistencies of the prosecution’s DNA and forensic evidence.
  • A review of the prosecution’s evidence can show flaws in the acquisition, handling or storage of said evidence, showing the jury just how negligent or incapable the agents were that handled the evidence of your case.

And this is just a preview of what an experienced court-martial attorney can do in court. It makes you wonder why anyone would accept a plea bargain without first looking at other options.

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Frequently Asked Questions about DNA Cases

Most government evidence crumbles to the ground at the first assault made by the attorneys at Bilecki & Tipon. Our case history proves that no crime or piece of evidence is tough enough or unwinnable enough to take on in court.

Even the Toughest DNA and Forensic Evidence Is No Match for Bilecki & Tipon

They Found My DNA. Doesn’t That Mean I’ll Be Found Guilty?

dna chartIt would seem that at first, you have no choice but to plead guilty to DNA evidence. Again, this is exactly what the prosecution wants you to think. They don’t want you to hire an outside defense attorney with experience on how to handle such cases. DNA evidence is not a guarantee that you’ll be found guilty in a court-martial. For example, it surprises many service members to hear that there are different kinds of DNA tests, and most aren’t as accurate as you’d assume.

  • Serology tests can provide a “presumptive positive” or “immunological indication” of semen but cannot confirm that semen or other bodily fluids were present.
  • Autosomal STR DNA tests can “match” a sample provided by the accused (or any person) to the DNA sample that was collected as evidence with high precision, making it the gold standard of DNA tests.
  • Y-STR DNA tests detect male DNA only and are much less discriminating than Autosomal STR DNA tests. Y-STR DNA tests are offered very low statistical probability when trying to determine a DNA “match”.

Having a defense team that can sift through the prosecution’s DNA evidence and highlights its inconsistencies is imperative if you want to win your case outright.

What About Forensic Evidence? What Kind of Forensic Evidence Could They Have on Me?

Forensic evidence is any evidence discovered through scientific means. So DNA tests would be considered a form of forensic evidence. Similarly, any evidence discovered on a digital device such as a computer or phone, or evidence found online, is seen as forensic evidence.

Defense against this form of evidence takes many forms. We may combat it through a specific line of questioning or attempt to undermine how that evidence was acquired. Many times law enforcement will illegally obtain evidence. If this is true in your case, we can have it thrown out entirely.

The real trick is hiring attorneys that have the resources available to perform their own private investigation into your case. A free attorney may not have the background and experience in dealing with DNA or other forensic evidence. DNA evidence is complex and nuanced. The court-martial defense attorneys at Bilecki & Tipon LLLC are extraordinarily experienced in tackling and winning cases involving DNA and forensic evidence. If your case involves such evidence, don’t wait until it’s too late.

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You deserve a fighting chance on your day in court. When it comes time to decide who your attorney will be to defend your UCMJ charges, make that decision count.***

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