A Motion for Non-Testimonial Evidence is a legal request filed by the state to obtain physical evidence from a defendant that doesn’t require verbal testimony. Most commonly, this motion is used to collect a buccal swab—a sample of cells from the inside of a person's cheek—to compare the defendant’s DNA profile to DNA found on evidence related to the case.

Step 1: Testing the Evidence

The process begins when an item, suspected to contain DNA evidence, is collected and sent to a forensic laboratory. There, scientists assess whether a usable DNA profile can be developed from the item. Several factors determine the viability of this DNA profile:

• Environmental Exposure: If the item was exposed to the elements, like rain or heat, the DNA might degrade.
• Complex Mixtures: Items with multiple DNA profiles may make it challenging to isolate any single individual’s DNA for comparison.

If no viable DNA profile can be developed, the investigation may not proceed further in this direction.

Step 2: Collecting the Defendant’s DNA

If a viable DNA profile is developed from the evidence, the state attorney files a Motion for Non-Testimonial Evidence to request a sample from the defendant. With the court’s approval, the defendant provides a buccal swab. This swab contains epithelial cells rich in DNA, which forensic scientists can use to create a DNA profile.

Step 3: DNA Comparison

The DNA profile from the buccal swab is compared to the profile from the evidence. The results are typically expressed in probabilities, estimating the likelihood that the DNA on the evidence belongs to someone other than the defendant.

While DNA evidence is often portrayed as definitive, it isn’t always straightforward. Several issues can arise during the process:

• Complex Mixtures: If the evidence contains DNA from multiple individuals, it may be impossible to isolate a single contributor.
• Improper Testing: Errors or deviations from proper testing protocols can compromise the results.

If DNA evidence is part of the case against you, an experienced attorney can challenge its reliability in several ways:

1. Engaging DNA Experts: A skilled attorney may consult with DNA experts to review the testing methods and results. These experts can identify errors or inconsistencies in the forensic analysis.
2. Observing the Testing Process: Experts can also observe the testing to ensure proper procedures are followed.
3. Presenting Alternative Interpretations: If DNA evidence points to a potential match, an attorney can challenge its statistical probability or argue that the testing was inconclusive.

By scrutinizing every aspect of DNA testing, an attorney can potentially weaken the prosecution’s case or cast doubt on the evidence presented at trial.

If you are facing criminal charges involving DNA evidence, you need an experienced attorney who understands the complexities of motions for non-testimonial evidence and DNA testing. At Pattis & Paz LLC, we are committed to protecting your rights and building the strongest possible defense for your case. Don’t leave your future to chance—contact us today to schedule a consultation and get the legal guidance you deserve.