Texas Criminal Defense Attorney Discusses Possible Changes in Availability of DNA Testing


DNA evidence is very useful in criminal cases. It can provide a degree of certainty that justice has in fact been served when a suspect is found guilty of a crime. Perhaps even more importantly, it can be used to prevent people from being convicted of crimes that they did not commit.

Unfortunately, many people who are currently facing criminal charges in Texas are unable to present DNA evidence that could exonerate them. The reason for this is that the current policy on DNA testing requires a defendant to prove that a piece of evidence does in fact contain DNA evidence before the court will grant DNA testing for that piece of evidence. Fortunately, this high standard may not remain in effect for much longer. The Texas House has recently given tentative approval to a bill, Senate Bill 487, which would grant DNA testing in any case where the defendant could show that there is a reasonable likelihood that a particular item contains DNA evidence.

A change in the law that would allow for easier access to DNA testing is good news for criminal defendants in Texas. There is plenty of proof from Texas alone that DNA evidence can keep innocent people out of jail or get them out of jail if they have already been incarcerated for a crime that they did not commit. The state has exonerated at least fifty two people so far, based upon DNA evidence.

At least one of those people, a man named Michael Morton, could not have been exonerated if the DNA testing requirements had been as strict as they are right now at the time that he requested DNA testing in his own criminal case. Morton was accused of murdering his wife, and in 1987 he was convicted and sent to prison. He spent twenty five years in prison before DNA evidence proved that he had been wrongfully convicted. In addition to exonerating Morton, DNA evidence also led authorities to the individual who had actually murdered Michael Morton’s wife. That individual has been convicted of murder, and is serving a life sentence. If the DNA testing standard is changed, there will be more success stories like Michael Morton’s, and fewer instances of wrongful conviction.

If you have been charged with a crime, you deserve the best possible defense because there is so much at stake. An experienced Texas Criminal Defense Attorney will protect your rights and build a solid criminal defense case on your behalf. Texas Criminal Defense Attorney Alex Tyra understands that being accused of a crime can have serious consequences, and he may be able to help you reduce or eliminate some of the negative consequences associated with the charges that have been brought against you. If you have questions about a Texas criminal law matter, please call our office today, at (903) 753-7499. You may also visit our website and contact us via our online contact form.