Refusal to Allow Blood or Other Biological Sample To Be Drawn

Believe it or not, the State of New Jersey has the legal right to take biological samples of your body, often a cheek swab or a vial of blood, and store your DNA fingerprint in a state-run database, even if you aren’t convicted of a crime.

Just being arrested on the suspicion of a variety of offenses, including murder, sexual assault crimes, luring or enticing children, kidnapping, manslaughter, and certain categories of aggravated assault puts you under an obligation to provide investigators with DNA, which is then stored in the state’s DNA database.

Not only has the state claimed a legal right to do this, but under N.J.S.A. 2C:29-11, Refusal to Allow Blood, Biological Sample to be Drawn, it is a crime of the fourth degree to knowingly refuse to provide the state with your DNA.

This can result in an 18 month sentence and fines of up to $10,000, regardless of what happens to the other charges against you.

Anyone in this situation needs experienced legal help right away.

Matthew Reisig has been defending clients’ rights and liberties for nearly 20 years in New Jersey.

If you’ve been charged with a violent crime or with refusal to provide DNA under N.J.S.A. 2C:29-11, call 732-625-9661 and talk to an experienced New Jersey criminal defense attorney for free.

Since 1994, the State of New Jersey has collected DNA from people arrested for a variety of violent crimes, including murder, manslaughter, aggravated assault with certain conditions, kidnapping, luring or enticing a child, and a number of sexual assault offenses, or the attempt to commit these crimes.

The state maintains a database of DNA samples from offenders, and those accused of these crimes are obligated to provide such a sample as a condition of their release from custody.

In cases where people are mistakenly released from custody without providing such a sample, the obligation remains.

Knowingly refusing to provide a blood or other biological sample for DNA cataloging is a separate crime of the fourth degree under N.J.S.A. 2C:29-11, Refusal to Allow Blood, Biological Sample to be Drawn.

It may feel like a violation of your rights to be required to turn over your DNA signature to the state if you haven’t been convicted of a crime, but you can face up to 18 months in prison if you don’t comply.

Serious criminal charges require a serious criminal defense lawyer.

Matthew Reisig has defended people in New Jersey facing some of the toughest charges state prosecutors can bring.

When you’re accused of violent crimes, get help right away.

Call 732-625-9661 today for a free consultation with an experienced New Jersey criminal defense attorney.