DNA evidence can feel unbeatable — but it isn't. Behind the certainty juries associate with DNA lie real vulnerabilities: complex mixtures, tiny "touch" samples, contamination, and secondary transfer, where DNA moves from surface to surface without the person ever being present. The presence of your DNA does not prove when it got there, how, or that you committed any crime — and a rigorous defense makes sure the jury understands that.
If you or a loved one is facing a case built on DNA in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.
Where DNA Cases Break Down
| Issue | Why it creates a defense |
|---|---|
| Complex mixtures | Interpreting multi-person samples is subjective and error-prone |
| Touch / low-copy DNA | Tiny samples are unreliable and easily transferred |
| Secondary transfer | DNA can move between surfaces without the person being present |
| Contamination | Errors in collection, storage, or the lab can introduce DNA |
| Overstated statistics | Match probabilities can be presented in misleading ways |
How We Challenge DNA Evidence
- Independent review and testing. We obtain the underlying lab data and, where appropriate, seek independent re-analysis by qualified experts.
- Attacking mixture interpretation. We scrutinize how the lab and any probabilistic-genotyping software reached their conclusions, and whether different analysts could reach different results.
- Secondary transfer. We show how your DNA could have arrived on an object innocently, without you ever being at the scene.
- Chain of custody and contamination. We examine collection, storage, and lab handling for errors that undermine the result.
- The full picture. We highlight exculpatory findings — the absence of your DNA, or unknown contributors — that the State's summary may downplay.
How much DNA, from how many people, deposited when and how — those questions matter as much as whether there was a "match." A careful defense keeps the jury focused on all of them.
Related Pages
Why HCDA
Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who know how forensic evidence is presented — and how to test it. If you or a loved one is facing a case involving DNA in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.