Procedure for Obtaining DNA Counsel on a Case

Conflict Criminal Defenders has a panel of lawyers who are trained and available to provide legal representation in your cases where DNA is an issue. Once a DNA attorney is assigned to your case, the DNA attorney’s sole responsibility will be to provide representation to your client on DNA related issues. In some cases their services will be narrow; in some cases their services may be extensive. The DNA panel lawyers have been trained to make this determination.

If you believe that DNA testing will be done in your case, you must immediately e-mail the “Request for DNA Counsel” form to the Director and Deputy Director of CCD, using the form available on our website (www.ccd.saccounty.net).

A DNA lawyer will be assigned to review your case and determine if DNA representation is needed, and if it is, that attorney will provide the necessary representation.

It is critical that you do not delay in providing notification to us. It is also critical that when DNA counsel is assigned to review your case, you immediately provide him/her with a copy of the relevant discovery.  In the event the DNA counsel determines, after reviewing the discovery, that representation is needed, he/she must do a thorough examination of the DNA evidence, if necessary retain an expert to analyze the data, and/or prepare possible discovery motions, etc. This is not something that can be done at the last minute. It requires extensive time for preparation. Your cooperation in quickly providing the necessary information and discovery is crucial for the effective representation of your client.

It is not necessary for the Court to make an appointment. The Court has already appointed Conflict Criminal Defenders to provide representation. Our mission is to provide competent counsel to all CCD clients. If, in order to provide competent counsel to a client, it is necessary to assign an additional attorney for the DNA aspects of the case, CCD will assign one.

Once DNA counsel is appointed, as a courtesy, lead counsel should notify the Court and the Deputy District Attorney.