On behalf of Craig Kuhary of Craig Kuhary, Attorney at Law
Yes. They can. Under certain conditions, recent changes in Wisconsin law mean you can be swabbed for DNA without having been convicted of a crime. In fact, even if you are merely arrested, a police officer can submit you to an invasive swab test. When Can You Be Swabbed For DNA? Previously, you were only […]
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On behalf of Craig Kuhary of Craig Kuhary, Attorney at Law
We have previously written about the importance of Wisconsin’s criminal DNA database, as well as some of the legal challenges associated with it. For law enforcement, DNA evidence is often the fastest and most accurate way to solve sex crimes, murders and other violent offenses. For the accused, especially those with a previous criminal record, […]
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On behalf of Craig Kuhary of Craig Kuhary, Attorney at Law
A case currently before the United States Supreme Court (USCS) may ultimately influence whether Gov. Scott Walker’s proposal to obtain DNA from all persons arrested for a felony may be instituted or not. This proposal is being characterized as “DNA-on-Arrest.” If Gov. Walker’s proposal is instituted, every individual in Wisconsin arrested on a felony charge […]
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On behalf of Craig Kuhary of Craig Kuhary, Attorney at Law
Currently in Wisconsin, certain individuals are required to submit DNA samples to law enforcement for cataloging. However, under a proposal submitted by the state’s Department of Justice, DNA samples would not only be required from individuals convicted of felony charges, but also from those convicted of many kinds of misdemeanors. The justification for the collection […]
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On behalf of Craig Kuhary of Craig Kuhary, Attorney at Law
Earlier this week, we began a discussion about a man convicted of triple homicide who has been fighting for more than a decade just to have the evidence in his case retested. While this incident did not occur in Wisconsin, it speaks to the importance of Wisconsin’s efforts to update and expand its criminal DNA […]
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On behalf of Craig Kuhary of Craig Kuhary, Attorney at Law
Some of our recent posts have been focused on the importance of hard evidence when attempting to convict someone on criminal charges. Over the last few years, improvements in Wisconsin’s criminal DNA database and the heroic efforts of groups like the Innocence Project have contributed to the exoneration of many individuals who were wrongly convicted […]
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On behalf of Craig Kuhary of Craig Kuhary, Attorney at Law
We have previously written about the importance of hard and fast scientific evidence in the prosecution or defense of serious crimes. In recent years, Wisconsin has been working hard to update its criminal DNA database, and this is actually a good thing for the majority of individuals on either side of the law. We want […]
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On behalf of Craig Kuhary of Craig Kuhary, Attorney at Law
We have previously written about the high number of wrongful convictions which have been overturned recently by advancements in DNA testing. Wisconsin’s efforts to update its criminal DNA database should hopefully continue to reduce and rectify wrongful convictions. Most of these wrongful convictions were based on faulty eyewitness testimony. A recent criminology study shows that […]
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On behalf of Craig Kuhary of Craig Kuhary, Attorney at Law
We have previously posted about the importance of DNA evidence and Wisconsin’s criminal DNA database. As forensic science improves, there is no stronger or more accurate piece of evidence than DNA. For someone falsely accused of a sex crime such as rape, DNA evidence may be the only thing keeping him from a lifetime of […]
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