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DNA Testing in Criminal Cases

Using DNA Evidence in Cleveland

Ohio Attorney Helps to Your Name

When you have been wrongfully convicted of a felony, you may be able to prove your innocence even if many years have passed. At The Law Office of Daniel M. Margolis, LLC, we know how to use DNA evidence to get your case back before the court. We are prepared to fight for your right to a DNA test and helps you clear your name. When your conviction is overturned, our Cleveland criminal defense attorney can help you file a lawsuit against the state for wrongful imprisonment.

Do I Have The Right to a DNA Test?

After a 2009 U.S. Supreme Court decision did not explicitly uphold the right to post-conviction DNA analysis and testing, Ohio took action in 2010 to help people convicted of felonies prove their innocence. Ohio Senate Bill 77 (SB77) provides an opportunity for justice if you were convicted at trial of a felony and did not plead guilty or no contest.

As a convicted felon, you are legally entitled to a DNA test in Ohio if you are:

  • Currently in prison
  • Out on parole
  • Under community control sanction, including probation or community service
  • A registered sex offender as a result of your conviction

Asserting Your Legal Rights to DNA Testing

It is no longer necessary to file a lawsuit demanding a DNA test in Ohio. Even if you have been previously denied a test, a Cleveland criminal defense lawyer from our firm can help you assert your rights. A May 2013 ruling by the Ohio Supreme Court upheld the constitutional right to appeal a trial court’s denial of access to a DNA test.

Ohio Criminal Cases Reversed by DNA Testing

Hundreds of people convicted of serious crimes have used DNA testing to prove their innocence with the help of their lawyers. Our firm can help file your testing application, present the necessary evidence to have your appeal heard, and work to have your conviction overturned.

The following are examples of cases which were prosecuted and reversed in Ohio:

  • An innocent man released: In 1999, Clarence Elkins was sentenced to life in prison after he was convicted of a Barberton rape and murder. DNA evidence led to his 2005 release and the 2008 conviction of the real assailant.
  • A new trial granted: Akron resident Dewey Jones was convicted of robbery and murder and received a life sentence. After 17 years in prison, his conviction was overturned in 2012, and he was granted a new trial when DNA testing showed no evidence that Jones was present at the crime scene.
  • Criminal charges vacated: Ray Towler, a native of Cleveland, was convicted of rape and spent nearly 29 years imprisoned at Grafton Correctional Institution. In 2010, DNA evidence persuaded a judge to vacate Towler’s conviction and set him free.

Meet with an Attorney Who Will Fight for Your Freedom

You may be able to file a lawsuit and receive thousands of dollars in damages for each year of your incarceration if you were wrongfully imprisoned by the state. Our Cleveland criminal defense lawyer can help you determine whether a DNA test may be the first step toward your exoneration and compensation. If you were convicted of a crime you did not commit, you may be able to have your conviction overturned using DNA evidence.

Contact Dan Margolis Today

Reach out to us immediately at (216) 533-9533 to schedule a no-cost consultation.

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