Under Washington law, law enforcement agencies have the duty to collect DNA samples from certain criminal defendants. If a criminal defendant refuses to submit to an agency’s request for a DNA sample, they may be compelled by the courts to comply. This was demonstrated in a recent case in which a defendant charged with an assault crime argued she should not have to comply with DNA identification. If you are accused of an assault offense, it is important to know and understand your rights, and you should confer with a Tacoma assault defense attorney promptly.
Background of the Case
It is reported that the defendant was charged with first-degree assault. She entered a guilty plea and was convicted. Following her conviction, she was directed to provide a biological sample for purposes of DNA identification analysis. She appealed, arguing that the State already had her DNA as she had been convicted of felonies before.
DNA Identification of Criminal Defendants in Washington
The appellate court affirmed the trial court’s order compelling the defendant to provide a DNA sample. The appellate court adopted the state’s argument that the defendant’s appeal was moot. Specifically, the court noted that the Department of Corrections collected the defendant’s DNA shortly after she was sentenced, therefore removing the appellate court’s ability to provide effective relief for the alleged legal error. Continue reading