In 2011, Ohio became one of many states to pass a law requiring the DNA collection of any adult arrested on felony charges. This highly-controversial law is often interpreted in different ways by different police departments, so you should always refuse a DNA swab unless the arresting officers have a valid search warrant that includes an order for DNA collection.
Why You Should Refuse a DNA Swab If You Are Arrested for Sexual Assault
The DNA collection law was passed as a way to broaden the DNA database and help police identify suspects in unsolved crimes. However, Ohio’s law allows cops to collect your DNA before you have even been convicted of a crime. If you are asked to provide a DNA sample, you should refuse until you have spoken with a sexual assault defense attorney from The Law Offices of Steven R. Adams, LLC.
There are many reasons you should refuse a DNA swab, including:
- It may not be required. If you have been detained but not been arrested, you are under 18, or you have not committed a felony, the law does not require you to submit to DNA collection. If you refuse to submit to testing until you have spoken to an attorney, your attorney can determine whether you are actually required to give a sample and prevent you from giving evidence that could be used against you.
- You can do it later. While the law allows the arresting officer to collect a DNA specimen from certain defendants during the intake process, it also allows the sample to be taken 24 hours after an arrest, at sentencing, or even while in prison.
- There are no legal repercussions for refusal during arrest. While Ohio’s law states the situations and procedures for collecting DNA, it does not include any penalties for defendants who fail to provide a sample.
Are you or someone you know facing criminal charges?
If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. The Law Offices of Steven R. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. News' Best Law Firms. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.