Can I Question Scientific Evidence Against Me in Texas?

 Posted on February 03, 2025 in Criminal Defense

Scientific evidence has been critical for both securing convictions and exonerations for many years. However, it is not always reliable, properly preserved, or interpreted correctly and can therefore result in wrongful convictions. Texas is one of many states where questionable scientific evidence in criminal cases can be challenged in court. If you are facing charges and believe that faulty scientific evidence was used, speak with a knowledgeable Texas criminal defense lawyer who can explain your options.

What Makes Scientific Evidence Questionable?

In recent years, the reliability of some forensic methods has been questioned. Some of these methods include:

• Bite mark analysis: There have been increasing doubts about this technique’s credibility because it lacks sufficient scientific basis and can be quite subjective. Several wrongful convictions in Texas and elsewhere in the country have been linked to faulty bite mark comparisons.

• Lie detector tests: These are still commonly used in questioning and during investigations, but their results are inadmissible in Texas courts because they can be unreliable.

• Gunshot residue (GSR) testing: These tests can indicate the presence of various particles associated with firearms, but not unequivocally. Many innocuous substances contain similar compounds, so the tests can have false positives. Someone who has not been near any GSR could appear to have shot a gun, and evidence can be represented.

How Can I Challenge Questionable Evidence?

There are several strategies that can be used to challenge questionable scientific evidence in court.

Daubert Standard

By following the Daubert standard, Texas requires judges to determine whether acceptable methodologies were used for collecting any forensic evidence before it can be presented to a jury. Your lawyer can argue that a forensic technique used to collect evidence against you does not meet this standard.

Cross-Examination of Experts

The prosecution often brings an expert to testify and explain how the evidence incriminates the defendant. If that happens, your lawyer can question the expert about qualifications, methods, and biases among the prosecution or the forensic scientists involved, to expose possible flaws in the testimony.

DNA Testing and Post-Conviction Relief 

If you are wrongly convicted because of faulty forensic evidence, your lawyer can continue investigating the case and testing the evidence. If there is sufficient reason to doubt its reliability, you could seek post-conviction relief and possibly exoneration.

Contact a Marble Falls, TX Criminal Defense Lawyer

Scientific evidence can be tricky because it can both help and hurt your case. When you work with Law Office of Russ Alan Baker, PLLC, you benefit from our Founding Attorney Russ Baker’s scientific background and experience with cases involving scientific evidence. Call 325-216-2006 to consult with a Llano County, TX criminal defense attorney who has helped numerous clients deal with similar challenges.