The Supreme Court of the United States is may decide to consider a case that could change how DNA samples are collected and saved. According to a report, the question the Court may take up is if law enforcement agencies can keep a person's DNA sample if they have only been accused, but not convicted of a crime. These samples can and have been used to convict people in cases that were unrelated to the one in which the sample was taken.
Lawyers in one case that could go before the Court say that if the government can hold DNA from an accused person, it violates their right to privacy. Many times DNA evidence is used in criminal cases to try to seal a conviction. A decision from the Court could have a wide sweeping impact that could affect criminal cases across the country.
If someone is convicted of a crime, it is important that they understand the evidence being presented against them. An experienced criminal defense attorney can help a person review the evidence in their case and make sure all evidence was acquired fairly and legally. Any illegally acquired evidence could lead to a wrongful conviction, and would be a violation of the person's rights.
While each case is different, DNA evidence can be used in many different circumstances. Because of the accuracy and wide use of DNA samples, it might be wise to speak with a criminal defense attorney if you are accused of a crime.
Source: Thomson Reuters News & Insight, "Supreme Court may review case over DNA samples," July 30, 2012
-Our law firm has experience handling various criminal cases. To learn more about criminal defense, please visit our website on criminal defense.