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.