DNA and Serology Cases in Hawaii

Would You Trust the Government to Have Your Best Interests in Mind When it Conducts its DNA Tests?

You’ve just received a charge sheet stating that you’re being formally charged by the U.S. Military for crimes that you supposedly committed here in Hawaii. Worse, you’re being told that law enforcement has DNA evidence that links you to said crime. You may have even spoken with a defense attorney at the JAG office, who tells you to plead guilty and work out a plea agreement with the prosecution. Except, the last thing you want to do is plead guilty. You don’t want to give up—you want to fight.

DNA never lies. That’s why it’s one of the most convincing types of evidence in a prosecution’s—and the defense’s—legal arsenal. Law enforcement, on the other hand, will be happy to put its own unique spin on the DNA results. And the prosecution is no different.

If you’re facing serious charges with DNA and serology evidence against you, then you’ll need a court martial defense team that can see through the stories that the prosecution and law enforcement are telling the jury. You’ll need a team with the experience, the DNA expertise, and the willpower to take on the government and beat them at their own game.

Learn more about Bilecki & Tipon LLLC and how we can put decades of experience to work for you.

What You Need to Know About DNA and Serology Evidence

In most cases involving “he said, she said” testimony, especially with sexual assault cases, DNA and serology evidence can be a game changer. The trial will often be won or lost depending on which side has the most compelling story around the DNA evidence presented to the jury.

It’s often the case that military law enforcement and the labs they work with, both in Hawaii and elsewhere, will often not test all of the evidence collected at the crime scene. When evidence is tested, the defense must understand which tests were used. Not all DNA tests are created equal.

For instance:

  • Serology testing: The lab will test certain bodily fluids prior to the actual DNA test in order to see if other bodily fluids are present in the sample, including determining if there’s an immunological indication of the presence of semen (which is then used to pursue the DNA evidence further).
  • Autosomal STR DNA testing: This test is considered the gold standard of DNA tests, and it’s easy to see why. The odds of two random samples having the same DNA results from an Autosomal STR DNA test can be as high as or higher than one in one sextillion. When you hear about DNA tests, Autosomal STR DNA is often what is being discussed.
  • Y-STR DNA testing: A more general DNA test that only detects male DNA within a larger DNA sample. For example, a vaginal swab tested using the Y-STR DNA method would validate whether or not male DNA is present. This test should never be used to identify an exact individual match, since the odds of two samples having exact results are typically around 1 in 300, depending on the evidence tested.

Bilecki & Tipon Doesn’t Rely Completely on Government DNA Evidence

The team at Bilecki & Tipon LLLC has handled dozens of cases involving DNA evidence. The goal is to identify where we can best undermine the prosecution’s DNA “story.”

We do this by looking at a few critical questions:

  • The DNA evidence is there, but does it incriminate you in particular?
  • If it’s a match, were the results found using Y-STR DNA testing or Autosomal STR DNA testing?
  • Will our own DNA experts identify results that refute those of the government’s?
  • If no DNA is found, can we use that to secure a not-guilty verdict?
  • Could exculpatory evidence be found on additional, “ignored,” or mishandled evidence in the hands of law enforcement?

Even if the prosecution has Autosomal STR-DNA evidence that confirms your involvement, a strong defense team can still work around this by proving consent or attacking the means by which the government secured its evidence in the case.

The Government Has the Evidence to Convict You. But That Doesn’t Mean They Will.

DNA evidence, or evidence that involves serology or forensics, can do irreparable harm to your chances at trial. Only a highly experienced legal defense team can break that evidence apart for a jury and explain exactly why it’s flawed. Bilecki & Tipon LLLC has been doing just that, and we can get those years of experience working for you during your trial.

If the odds are continuing to stack up against you, then you need allies here in Hawaii that can turn it around and take the battle to the prosecution. Call us 24 hours a day, 7 days a week, at (800) 996-9747, and together we’ll take the fight to the prosecution.