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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
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Experience:  Handling criminal and probation matters for over 14 years.
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Should a weapon (knife/blade with blood on it) found in the

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Should a weapon (knife/blade with blood on it) found in the hand of the deceased party be tested for DNA to show that the deceased attacked the other party involved in the incident. 2 men broke into a home where friends lived @ a drug flop house @ like 4am. One of the men lunged @ another with a knife (he did cut him & his blood was on the knife) the man defended himself with a gun & shot & killed the other man. The knife was still in the guys hand when the cops came but no one ever tested it for DNA.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 3 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

Whether or not the weapon is tested for DNA is a matter of discretion for law enforcement to decide.

JB Umphrey :

Anyone who is charged with a crime, if they maintain that they are wrongfully charged, they can have the weapon independently tested for DNA as a part of their defense strategy.

JB Umphrey :

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.

Customer:

The day of the crime the police determined it was self defense. No one was arrested & all the people who were involved were not charged. They did not treat the crime scene like it was a homicide & were not concerned with collecting evidence that could be saved/used in the future because they considered the case closed. Months later after everything was over a jailhouse snitch accused a man who was in jail for an unrelated crime @ the time of saying that the previous event was not accidental & that he killed the guy. They took this snitches information (he got a reduced sentence for this bogus information & had signed a deal before he even met the defendant) & charged the defendant with murder for the case that was previously decided by the cops to be selfdefense. So for the trial there was nothing to collect/dna/weapon.

JB Umphrey :

Very well, that's for the defense attorney to argue at trial to instill (to the jury) reasonable doubt.

JB Umphrey :

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.

Customer:

So would say that was a mistake/ineffective council on the defendants lawyers end?

JB Umphrey :

The correct term is "ineffective assistance of counsel."

JB Umphrey :

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.

JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
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