DNA Sample Required Even Though No Conviction

In an unsurprising set of opinions filed January 25, 2012, the Minnesota Supreme Court upheld the requirement that defendants and juveniles charged with a crime that requires a DNA sample, but not convicted of that particular crime, still need to submit a DNA sample if they are convicted of another crime, even if that crime doesn't require a DNA sample, if it arose out of the same set of circumstances.

The DNA sample is required on certain crimes for identification purposes. The challenge to requiring the DNA sample from defendants or juveniles convicted of a different offense arising out of the same set of circumstances was that the sample constituted an unreasonable search and seizure and violated the Equal Protection Clauses of the U.S. and Minnesota Constitutions. The Minnesota Supreme Court disagreed and upheld the DNA sample requirement even if the defendant and juvenile are not convicted of the offense requiring they provide the sample.

As we have seen before, the Minnesota Supreme Court is hesitant to let defendants or juveniles convicted of crimes arising out of the same set of circumstances out of potential consequences. See previous posts - Predatory Offender Registration Not Required for Defendant and Predatory Registration Required When Defendant Acquitted of Criminal Sexual Conduct Charge?.

While it is obvious that serious criminal convictions can have long lasting, adverse effects on one's livelihood, these rulings by the Minnesota Supreme Court also show that the fact that one is charged with a particular crime, even if there is no conviction, can incur damaging consequences. Innocent until proven guilty doesn't mean much anymore if defendants or juveniles who are innocent of a particular charge still face similar penalties as guilty parties.

Criminal charges are public record. If you have been charged with a crime, the simple fact that there a public record exists can have long term effects. It is important that someone is looking out for you. Call Grostyan & Associates today to speak with an experienced Minneapolis Criminal Defense Attorney.