Bemidji, MN asked in Criminal Law for Minnesota

Q: Can a judge release you at your trial if your DNA results for a gun charge don't come back in time for your trial?

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: The trial would likely continue the trial under such circumstances. A release from custody might occur especially if there is a speedy trial demand.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Assuming a person is on trial for a criminal charge involving possession of a firearm, the prosecutor might have more evidence of possession, in addition to DNA evidence. But if the trial proceeded without the state's DNA evidence having been analyzed by a lab scientist yet, that situation might favor the defense - depending of course upon what that DNA evidence might show (inculpatory vs. exonerating). I would expect a judge to analyze that situation within a context of the totality of evidence. Of course, it might be possible; depending upon more facts not stated in the question.

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