Q: Is it permissible in court to request a DNA test of a hypodermic syringe for proof of innocence?
My husband was arrested and is being charged with unlawful possession of a hypodermic syringe that was discovered in a jewelry case located inside the Co- defendants vehicle's glove box. The co- defendant was also the operator of the vehicle at the time and has admitted to ownership of hypodermic syringe to LEO'S several times
A:
First, in criminal defense, it is always important to remember that the defendant does not have to prove anything. It is up to the State to prove that a defendant committed each element of a given criminal charge.
Second, the defense lawyer MAY file a motion to have evidence confiscated by the State tested by an independent laboratory. However, any such testing will be done at the defendant's expense.
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