How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalKnowledge Your Own Question
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28046
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
Type Your Legal Question Here...
LegalKnowledge is online now
A new question is answered every 9 seconds

My nephew was robbed and beaten. The person responsible is

This answer was rated:

My nephew was robbed and beaten. The person responsible is in jail-my nephew's blood is on this person's hoodie. The problem is the local police told my nephew they don't have the funds available to test the hoodie for dna. is there any legal recourse for negligence against the local police department?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. Can you please clarify where you think the negligence may be? Also, is this person going to be charged?
Customer: replied 4 years ago.

The person responsible for robbing my nephew is currently in jail. My nephew's blood is on this person's hoodie from the robbery. I feel the township police are negligent because when they asked my nephew how he could prove this was the person, my nephew told them to test the blood on the hoodie for my nephew's dna to which the police responded "that costs too much money"

Thank you for the additional information. Your nephew was the victim. His statement that this was the person that attacked him should be enough for the police to charge his attacker. If the case is turned over to the State , they will prosecute and test the clothing, if needed. However, it would appear the police are looking for a visual description and if he can identity this person as his attacker from a lineup or photo identification then that should be enough to proceed based upon his injuries as well. Not every piece of clothing is tested for DNA and there are other avenues to prove a case. If needed, he could also file a civil lawsuit for damages if the State is unable to get him restitution, as the victim.
Customer: replied 4 years ago.

They HAVE the guy who did it and he's in jail but they are not convinced that my nephew is telling them the truth. This guy also has marijuana on him and he's currently in jail with a bail of 25,000. My concern is they will release the culprit from jail and give him his hoodie and the blood will be washed out and there goes the evidence. The attitude of the police is what I find so disturbing-shouldn't they have already tested that hoodie for my nephew's dna even though they have arrested the culprit and put him in jail?

When he was speaking to them he should have told them he could identify this man as the attacker. His suggestion that they test the hoodie for DNA may have lead them to believe otherwise. At the same time, there should be no reason they think he is lying if he can identify this man as the attacker. If there is a bond on him, he was charged. Even if released, they may keep the hoodie as evidence. If not, they can still proceed and his testimony alone could be enough for the State to prove their burden. If this was a situation where they did not know who the attacker was, it would be a different story. However, it would appear the State is going to proceed. Often times, the police and State are protected in the manner they handle and prosecute a case so they could not be sued for negligence in a situation like this.
Customer: replied 4 years ago.

He did identify the guy as the attacker and the police asked him how he

could be so sure and THAT is when my nephew told all they had to do

was test the blood on the guy's hoodie and it was at that time that the

police told my nephew that they don't have the money to do dna testing


THAT attitude of the police is what I feel is negligent so my question is would it

be worthwhile to pursue it against the police department for being negligent in'this matter?

It is at their discretion but a visual identification should be strong and enough evidence. As I said above, they did charge the person so he will get a chance to confront and face his attacker and testify against him if the case goes to trial. I do understand your position and I do agree but you can not sue the department or tell them how to handle or prosecute the case. The prosecutor assigned to the case will likely contact your nephew as he is the victim and the State represents his legal interest. They will speak with him and go over the evidence which they have.
LegalKnowledge and 6 other Legal Specialists are ready to help you