DNA evidence plays a significant role in the judicial system, often serving as concrete evidence of someone’s involvement in a crime. As such, the police often request evidence from those surrounding the investigation to help rule out potential suspects and narrow down the pool of perpetrators. However, if the police ask you to provide a DNA sample, you should immediately contact an OKC criminal defense lawyer to discuss your legal options. The following blog explores what you should know about these matters.
When Am I Legally Required to Provide a DNA Sample to Police?
In Oklahoma, there are certain circumstances in which you must provide a DNA sample to the police. The first instance occurs when you are arrested for a felony crime. The purpose is to compare the DNA of those arrested on a felony offense to other crimes in which DNA evidence has been collected. For example, someone who provides a sample after arrest may be linked to a crime through DNA, allowing the police to pursue additional charges. You may also be required to provide a sample if the police have a warrant signed by a judge ordering you to do so. The DNA sample is collected through a swab of your inner cheek.
Often, the police will request DNA from those who live or work near the scene of a crime, as well as those close to the victim, in order to narrow down their suspect list. In some instances, you may be asked simply because you fit the profile of the perpetrator.
You should note that, unless legally required, the police cannot force you to provide a DNA sample. If you consent, it must be voluntary, clearly communicated, and you must receive informed consent regarding the use of your DNA in accordance with the investigation.
What Should I Do When This is Requested?
If you are contacted by police and asked to provide a DNA sample, it’s important to understand that, unless you are legally required to, you should refrain from providing a sample, even if you are innocent. The first thing you should do is contact your attorney. Once you have discussed the matter with your attorney and learned more about the purpose of the DNA test and how the information will be used, your lawyer may then advise you that submitting a sample is in your best interest, especially if it could clear your name from association with a criminal act. However, you should not proceed with this before discussing the matter with your lawyer.
At the Jones Firm, PLLC, our dedicated legal team will examine your unique circumstances to help you determine the best course of action. We understand how complicated and overwhelming these matters can be, which is why we will do everything in our power to assist you. Contact us today to learn how we can guide you through these difficult times and help protect your best interests.
