Finding the weapon used in a violent assault can make prosecuting a suspect much easier for the police. That’s why you often read about the police conducting extensive searches of local scrubland or woodland with sniffer dogs after such events.
Yet just because the police have a weapon they believe is yours does not mean they can prove you carried out the attack or that you did.
Here are possible options to contest the police version of things:
You can explain why your fingerprints are on the weapon
Your fingerprints are on a knife used in the attack. Can you explain how that came to happen? Maybe someone stole your knife, or you sold them the knife. Or perhaps you saw it on the ground after the attacker had discarded it and picked it up to look at it.
You don’t know how your DNA came to be on the weapon
The attacker might have been clever enough to try and put someone else’s DNA on the weapon to throw officers off the scent. They might have chosen you and brushed the weapons against you in a crowded place. Or, trace DNA might have been accidentally transferred to the weapon in some way.
You can challenge the chain of custody
The police say they found the knuckleduster in question at the scene of the attack. How can you be sure? Each day police forces collect many pieces of evidence from multiple sites, and things can get mixed up. The police need to have records showing the item’s history from the collection to presentation in court. Any breaks in the chain could lead a judge to declare the evidence inadmissible.
If you face prosecution for a violent crime, remember there are many defense options available. Get legal help to search for one that could work for you.