Ernenwein & Johnson, LLP

September 2019 Archives

Not all forensic testing methods are reliable

All evidence provided in a court trial is critical to the outcome of the case. In addition to eyewitness testimony, forensic test results may be factored in when the jury or judge makes their final decision. Although the scientific professionals relaying information to the court should be reliable, this is not always the case. Some forensic tests do not provide reliable and accurate results. In some cases, the inaccuracy of the results could lead to the wrongful conviction of an innocent person. 

Domestic violence charges when a partner tries to frame you

People are falsely accused of domestic violence for so many reasons, whether their spouse wants to win a custody battle by bringing up false claims or an ex wants to get revenge and shatter their former lover's life. Sometimes, people go to great lengths in order to accuse someone of domestic violence, even though the details of the situation have been greatly exaggerated or made up altogether. For example, someone may hurt themselves and claim that their partner was responsible for their injuries. They may hit themselves in the head or another part of their body in order to back up their claims.

Leaving the scene of an accident qualifies as a hit and run

For a lot of people, suddenly crashing into another vehicle, a piece of property or even a pedestrian can be alarming and cause instant panic. These feelings are often significantly worsened for people in California who have some type of record and want to avoid coming into contact with the authorities. However, if they choose to flee the scene of the accident they just caused, they are only asking to get into deeper trouble with the law. 

The basics of identity theft: A diverse crime

Identity theft can take a variety of forms, making it a fairly diverse crime. Every case does not look exactly the same and does not have the same components. This can make it more complex and means that the specifics of each and every case, if and when it ends up in court, become very important.

Can designated drivers get a DUI?

Before you volunteer to be a designated driver, you may want to think twice about whether you can fully abstain from drinking while having a night out with your friends. A designated driver is one who goes out, but promises to not drink alcohol in order to stay sober and drive everyone home safely once the night is over. Yet a study published in the Journal of Studies on Alcohol and Drugs discovered that nearly 40% of designated drivers had alcohol at some point during the evening. 

Errors in forensic testing can lead to wrongful convictions

Forensic science is a major part of many criminal cases in California and across the nation. Evidence gathered at the scene of the crime is often tested using various methods and the findings are submitted to the court for use in the trial. Yet, in some cases, the scientific results that are sent to the court are not reliable and could be obtained using bad methods. People may be wrongfully convicted of a crime because of this poor evidence. According to the Innocence Project, 45% of cases that were later overturned after DNA evidence proved the innocence of the convicted victim, involved misapplication of forensic science

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