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At Ben Hall Law, our East Lansing criminal defense lawyer knows that Michigan law enforcement requesting a DNA sample is a serious legal matter that should be carefully evaluated before complying because it can have far-reaching consequences.

Law enforcement requests DNA samples to identify or exclude individuals as suspects in criminal investigations. They often use genetic evidence to link a person to a crime scene or victim or rule them out as a suspect.

The question is, do you have to comply with their request? The answer is, it depends.

Michigan law allows law enforcement to collect DNA samples under specific conditions. Here, we explain.

DNA Sample When Asked By Michigan Police

What are the Different Circumstances in Which Michigan Law Enforcement Would Request a DNA Sample?

DNA samples are often requested or required by law enforcement in Michigan under the following circumstances:

  • Felony Arrests

If you are arrested for a felony offense in Michigan, police are legally allowed to collect a DNA sample, typically through a cheek swab, at the time of your booking. This process is governed by the Michigan DNA Identification Profiling System Act, which allows law enforcement to obtain DNA from individuals arrested for or convicted of certain crimes. The sample is then added to a statewide and national DNA database.

  • Felony Convictions

If you are convicted of a felony or certain misdemeanor offenses in Michigan, providing a DNA sample is mandatory. This applies to both adults and juveniles. Refusing to give a DNA sample after a felony conviction can result in additional legal consequences, including contempt of court.

  • Voluntary DNA Collection

In cases where you are not under arrest or convicted of a crime, police may still ask you to provide a DNA sample to assist in an investigation voluntarily. However, you are not legally required to comply unless a warrant has been issued. If you are asked to provide a sample voluntarily, it is advisable to consult with an attorney before agreeing.

  • Court-Ordered DNA Collection

If law enforcement believes your DNA is critical to an investigation but you refuse to provide a sample voluntarily, they may seek a court order. If a judge grants a warrant, you would be legally obligated to provide the DNA sample.

What Happens If I Refuse to Provide a DNA Sample?

If you are not legally required to provide a DNA sample, such as during a voluntary request, and refuse, there should be no immediate legal consequences. However, refusing to comply with a legal DNA collection order, such as one issued during a felony arrest or by court order, can result in additional charges or penalties.

Contact Our Criminal Defense Lawyer in Michigan Today

Before agreeing to provide a sample, it’s crucial to consult with an attorney to fully understand your rights and evaluate whether compliance is in your best interest.

Our Michigan criminal defense attorney can ensure that law enforcement follows proper legal procedures and helps protect you from unintended consequences by calling (877)-236-4255 or contacting us online. Your fight is our fight. Let’s get started.

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“Mr. Hall was a huge help. Being a former police officer and a former prosecutor was evident in his knowledge of both traffic and criminal laws. Even when I was willing to accept an initial plea deal, he knew that there was so little evidence against me that we should counter the offer. I went from a potential criminal case to a fine and 0 points. I could not be happier with my outcome. Thank you Mr. Hall!”

Anonymous

Ben was very generous with his time and expertise. He asked straightforward questions and offered excellent options to meet our objectives. Amazing turn around on short deadlines. We needed a legal opinion dealing with a conflict of interest on a local school board. WOW! Ben really understood the issues andbour concerns. He produced an amazing 8 page opinion in in a weeks time. And he worked with us on minimizing legal fees.

Dave

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