Domestic Violence and How DNA Can be Used to Either Implicate or Exclude a Defendant from Prosecution

At the Orange County Law Office of David P Schwarz we have litigated many cases that involve the exclusion of DNA evidence or the inclusion of it during Domestic Violence proceedings. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

A Domestic Violence lawyer will attempt to show their client how DNA can assist in the defense of Domestic Violence action against their client. The Y chromosome is one of the smallest chromosomes in the human genome. It is passed from one generation to the next from father to son. The presence of a Y chromosome at conception triggers a chemical chain reaction of events that, barring any anomalies along the way, will result in the development of a male individual. Y chromosome short tandem repeats, or “Y-STRs,” are short tandem repeat regions that occur only on the Y chromosome.

A Domestic violence attorney will help their client in using the correct DNA testing to exclude them from a positive match using chromosomal testing which is quite new in the United States as compare to Europe. A Chromosonal dataset is often necessary to effectively exclude or admit a person to be identified as a defendant in a sexual assault and domestic violence case.

In sexual assault and Domestic Violence cases where evidence often is comprised of a large quantity of female DNA mixed with a low amount of male DNA, Y-STRs can offer a chance to identify a suspect who may have remained undetectable with autosomal STR testing. A labia swab from an assault with reported oral copulation of the victim by the suspect may contain saliva from the perpetrator.

At the Orange County Law Office of David P Schwarz we will argue to the trial court that the identification process used to identify a person in a sexual assault with domestic violence case is highly questionable and inaccurate in its attempt to identify a perpetrator.

A Domestic Violence lawyer will fight any attempt by the prosecutors and or Trial court to use certain DNA testing such as amplifying only Y-STRs. What the prosecution attempting to do is eradicate any potential to find the female DNA in the any sample and thus undetectable to any DNA testing. The prosecution is attempting to only get male DNA in the sample to be analyzed. If a suspect reference is available for comparison, Y-STRs may be able to confirm a match between the suspect's haplotype and the haplotype from the evidence.

Y-STR analysis can also be very helpful in sexual assault cases with vasectomized male perpetrators, where differential extraction will not be able to partition male from female DNA. Y-STR analysis offers a method by which the perpetrator's DNA can be detected even in the presence of high amounts of female DNA.

At the Orange County Law Office of David P Schwarz we have fought for the exclusion of DNA evidence during many sexual assault DNA cases. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

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