Forensic evidence, including evidence obtained through fingerprinting, ballistics, toxicology, and other scientific methods, is the basis of many criminal convictions. At the same time, the development of new investigative tools such as DNA analysis has helped to overturn false convictions and free people wrongly imprisoned.
The Innocence Project says the misapplication of forensic science contributed to 52% of wrongful convictions the organization has examined. False or misleading forensic evidence has been a contributing factor in 24% of all wrongful convictions nationally, according to the National Registry of Exonerations.
If you believe you have been unjustly convicted in a New Jersey court, you have the right to appeal and present new evidence to overturn a wrongful conviction. The New Jersey criminal defense attorneys of the Law Offices of Jonathan F. Marshall can help you appeal a wrongful conviction based on forensic evidence. Our experienced 12-lawyer legal team is made up of former prosecutors and public defenders from across the state. As your defense team, we will put our 100 years of combined legal experience into overturning your wrongful conviction. Schedule a free consultation now.
What Is Forensic Evidence in a Criminal Trial?
Forensic science is the application of sciences to matters of law. Recent advances in biological and chemical forensic analysis have dramatically changed how investigators collect, process, and document pieces of evidence when investigating a crime. When presented in court, forensic evidence is accompanied by expert witnesses who explain the evidence and its relevance.
Under New Jersey rules of evidence, a witness qualified as an expert due to their knowledge, skill, and education may testify if their scientific, technical, or other specialized knowledge will help the court determine a fact at issue. New Jersey courts have recently adopted the Daubert standard for admission of expert testimony in criminal trials.
There are several types of forensic evidence that may be used in a criminal case. The most common are fingerprints, bloodstain pattern analysis, and DNA analysis. Other forensic evidence may be obtained from:
- Ballistics and firearms examination
- Digital information or data
- Drug analysis
- Explosives analysis
- Footwear and tire track examination
- Crime scene photography
- Forensic document examination
- Toxicology
- Trace evidence gathering and examination
How To Identify a Wrongful Conviction Based on Forensic Evidence
Statistics available from the Innocence Project and similar programs show that forensic evidence used to convict defendants is often flawed or wrongly portrayed by expert witnesses. In some cases, scientific testimony that was generally accepted at the time of a conviction has since been undermined by new scientific advancements.
The WV Innocence Project at the University of West Virginia School of Law says, “the use of ‘junk science’ – such as microscopic hair comparison, firearm tool mark and impression evidence, bite mark analysis, shoe print comparisons, and faulty fire ‘science’ – is a huge problem in many criminal cases. These forensic disciplines are unreliable and inaccurate, and experts in these fields will often testify to conclusions beyond even what the limited science on their subject allows.”
Other problems that may lead to a faulty conviction include the following:
- Inconsistencies between eyewitness testimony and physical evidence
- Lack of DNA testing or other scientific analysis
- Insufficient validation of a scientific method
- Human error or misconduct by forensic experts
The National Registry of Exonerations lists at least 65 New Jersey residents exonerated since 1994, including eight because of false or misleading forensic evidence and 12 whose convictions were overturned after post-conviction DNA testing was conducted. Forty-five were found to have been convicted due to official misconduct, meaning police, prosecutors, or other government officials significantly abused their authority or the judicial process in a manner that contributed to the exoneree’s conviction.
How To Appeal a Wrongful Conviction
An appeal to a higher court asks it to review the lower court’s decision because of legal errors that affected the outcome of the case. There is no automatic right to have a case reheard.
The appellate court must determine whether the error cited in the appeal occurred and whether it was serious enough to warrant intervention. The appellate court can decline to review the lower court’s decision if the appeal does not present a compelling reason to do so.
Appeals may be granted in New Jersey if:
- New evidence is available, such as new or re-examined forensic evidence or evidence of flaws in forensic evidence and/or its presentation during the original trial
- Information important to the case was wrongfully excluded
- Official misconduct affected the outcome of the case
- A pre-trial motion was wrongly denied
- The jury was given improper instructions
- The jury or judge did not follow sentencing guidelines.
Judges who serve New Jersey’s Appellate Division of the Superior Court can be made aware of the flaws that are present in the collection, analysis, or presentation of forensic evidence. Further, New Jersey law provides that, during or after a term of incarceration, a person who was convicted of a crime is eligible to apply for post-conviction DNA testing with the trial court that entered the conviction.
The Law Offices of Jonathan F. Marshall can help you appeal a conviction if there is evidence of the misapplication of forensic evidence in your original criminal trial. We will review the records of your original trial and have experts review the use of forensic evidence in your trial. We will apply for post-conviction DNA testing if warranted. If we can move forward on your behalf, we will handle all legal aspects of your appeal, such as compiling evidence, drafting briefs and motions, and submitting your Notice of Appeal and documentation to support your appeal in a timely manner.
When granted, appeals are not new trials. They are reviews of the original trial and potential errors raised by the convicted individual. Your attorneys would only testify if asked to explain a point of contention or interpretation of the law cited in the appeal. If an appeal is accepted, after its review, the appellate court may order:
- Allowing new evidence for consideration by the lower court
- Changes to the sentence or the instructions for the jury, which results in re-sentencing
- A new trial
- The vacating of the conviction and sentence
- Confirmation of the trial court’s decision, allowing the conviction to stand
It is important to act quickly after being convicted. New Jersey allows just 45 days to file a Notice of Appeal for a Superior Court conviction (indictable offenses) or 20 days for a municipal court conviction (disorderly person offenses). It is possible in some cases to obtain a 30-day extension, but this is not guaranteed.
Contact Our NJ Defense Attorneys To Challenge a Wrongful Conviction
At the Law Offices of Jonathan F. Marshall, we have one of the largest and most experienced criminal defense teams in the state of New Jersey. As former prosecutors and public defenders from cities and counties across the state, our attorneys know how the law and forensic evidence are applied and misapplied in courts throughout the state.
There are many opportunities to improve your position after you have been convicted of a crime, including using the appeals process to challenge a wrongful conviction based on forensic evidence. To learn how an experienced criminal defense attorney can help you appeal a wrongful conviction, contact the Law Offices of Jonathan F. Marshall online or at (856) 565-3635 today for a free initial consultation.
