Will I Have to Give a Sample of My DNA in Texas?
Posted on Apr 8, 2019 8:30am PDT
If you’ve watched crime shows on television, you’re probably
familiar with a powerful criminal justice tool: deoxyribonucleic acid
or “DNA.” DNA can be collected from all kinds of things, such
as cigarettes, chewing gum, soda cans, skin cells, drinking glasses, semen,
saliva, hair, and so on.
“DNA can be used to identify criminals with incredible accuracy when
biological evidence exists,” says the
United States Department of Justice. Likewise, it can be used to exclude suspects and free imamates from prison
who were wrongfully convicted.
If you’re a suspect in a criminal investigation, you may be thinking,
“I don’t want them to take a sample of my DNA!” and
this is not unusual. Lots of people are afraid that they’ll either
have their DNA mixed up at the lab and they’ll be wrongfully convicted,
or they’re afraid they’ll be convicted of some crime they
committed years before, in their youth.
What Texas Law Says About DNA
In Texas, there are a number of situations where someone may be required
to provide a sample of their DNA in a criminal investigation. An individual
may be required to provide a DNA sample if he or she:
arrested for a
sexually-motivated crime and he or she has been previously convicted or placed on deferred adjudication
for a sexually-motivated crime, such as: sexual assault, indecency with
a child, aggravated sexual assault, sexual performance by a child, burglary
of a residence, incest, possession of child pornography, continuous sexual
abuse of a child, etc.
Has been officially
charged with a sexually motivated crime, especially if it involves a child victim.
convicted of any
felony offense, including
felony DWI, after September 1, 2009, but this does not include deferred adjudication.
However, if the individual received deferred adjudication, he or she can
still be ordered by the court to provide a DNA sample.
convicted of promoting prostitution, enticing a child, indecent exposure, or public lewdness.
If you have further questions regarding a criminal investigation, DNA collection, or
criminal defense in Denton County,
contact Derek A. Adame, Attorney at Law for the legal expertise your situation demands.