Massachusetts DNA Registry
Massachusetts General Laws, chapter 22E provides that taking biological samples for the inclusion of the DNA database is allowed for certain offenders. The DNA database is used for the identification of suspects in ongoing prosecutions and investigations. A person must submit a DNA sample if they are convicted of certain crimes. If you are convicted of one the crimes then your DNA sample must be taken within 90 days of the day of conviction.
The state is allowed to use reasonable force to obtain the DNA sample. DNA samples are usually obtained through cheek swabs that will not cause any pain. If you are submitting a DNA sample, you are allowed to have an expert or witness present. If you fail to provide a DNA sample, you could be fine up to $1,000 or be imprisoned for up to 6 months.
If you gave a DNA sample and your sample matches a DNA in the database that is a problem. If your DNA is matched to that of a suspect of a crime, the police have probable cause to collect more biological samples from you. However, you may challenge the test results and may argue that your DNA is not a match to the suspect’s DNA.
Call Attorney Jason Chan to talk about your case today at 508-808-8902