Do I Have to Give the Police a DNA Sample in Minnesota?
If you learn that the police are investigating you, especially if somebody is alleging a rape, sexual assault or child molestation, the police may very quickly ask you for a DNA sample. This is an important step for the police as they are trying to narrow their field of suspects, maybe namely to you. That being said, it is possible that providing a sample has the potential to exonerate you as well. That being said, it could be almost irrelevant to the investigation. What do you do? First thing you should do is consult with an experienced Minnesota sexual assault defense attorney.
“Upon the advice of counsel, I have nothing to say without my counsel present.”
Do I Have to Give the DNA Sample?
Well, that depends. If the police have a warrant for the DNA sample signed by a judge, you will be obligated to provide the sample. You may be able to contest admissibility in the future but that is a different question. If the police don’t have a warrant, you have no obligation to provide anything to the police. That being said, if somebody is making an allegation, it is certainly possible that the police can get a warrant signed by a Judge and then you are back to square one. Talk with a Minnesota sex crimes attorney about your next steps.
What do the Police Really Want?
If you receive that call, the police certainly want your DNA. They may have found DNA at the scene and they are seeking a comparison. That being said, their purpose is likely two-fold. The officers would love you to come into the station to provide the sample. At the same time, this will give them an opportunity to have a conversation with you about the case. Make no mistake, this is an interrogation. They may be very friendly and “understanding.” They will just want to hear your side of the story. Remember, the purpose of this interview in to get as much information out of you as possible and may be far more damning than you even know. They may be investigating you for a sexual assault and this first interrogation is designed to give them a baseline of events using your own words, that they will then use against you if they have the opportunity.
“I’ve had cases where people have walked themselves into prison cells because of this conversation.”
Do I Have to Speak with the Police When Providing the DNA Sample?
No, you don’t. In fact, if you go in to provide the sample, it is highly recommended that you not speak with the police. You have a Constitutionally protected right to remain silent. And yet, some people fear that if they don’t explain themselves, this just makes them look guilty so they just start talking. The police are depending upon this and they will exploit your misconception. This is very simply a mistake. Police officers are trained in interrogations and are very good at pulling all sorts of information out of you while seemingly bantering back and forth about seemingly irrelevant information. Do not fall for this. You can simply say, “Upon the advice of counsel, I have nothing to say without my counsel present.”
Talk with an Experienced Criminal Defense Attorney: 651-447-7650 or 612-227-1339.
What Happens if the DNA Samples Don’t Match? Is it Over?
Not necessarily. When the police are asking for a sample, they may have nothing to compare it to. At the same time, even if it doesn’t match the other sample, that doesn’t mean that you aren't a suspect. The police and prosecutors may still move forward with a prosecution without matching DNA. Instead, it may be based upon witnesses, other forensics, and even your statements if you provide them to the police.
“I am here to provide a DNA sample. Otherwise, I have nothing to say without my lawyer next to me.”
DNA & Consent in St. Paul
Let’s assume that the DNA you provide matches the specimen the police already has. This certainly might be catastrophic. At the same time, there are some cases where sexual contact and matching DNA isn’t the question. The real question may be one of consent. As a result, it frankly doesn’t matter at all that the two specimens match. Sex was and is not the question. It is about whether both parties agreed. Again, speak with a sexual assault defense attorney.
St. Paul Sex Assault Attorney
If you are facing serious sexual assault charges in St. Paul or anywhere in Minnesota, the next steps that you take may impact the rest of your life. Make sure you sit down with an experienced Minnesota Criminal Defense Attorney.
Jack Rice is a Board Certified Criminal Law Specialist, a former prosecutor and a former CIA Officer. He is also an experienced and nationally known Sex assault criminal defense attorney. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.