Buccal Swab in Union County, NJ

Buccal Swab in Union County, NJ

DNA Collection and Your Future: A Comprehensive Guide

A buccal swab, while a seemingly simple procedure, can have significant implications in a criminal investigation. In Union County, New Jersey, understanding the circumstances under which law enforcement can compel you to provide a DNA sample, and knowing your rights in such situations, is crucial to protect your privacy and ensure a fair legal process.

Brett M. Rosen, Esq., a skilled criminal defense attorney in Elizabeth, NJ, is dedicated to safeguarding the rights of individuals facing potential DNA collection. He understands the complexities of DNA evidence and will provide you with the expert guidance and aggressive representation you need to navigate this challenging situation.

What is a Buccal Swab?

A buccal swab is a non-invasive method of collecting DNA from the cells on the inside of a person’s cheek. It involves rubbing a cotton swab against the inside of your cheek to collect cells containing your unique DNA profile. This sample can then be analyzed in a laboratory to create a DNA profile that can be used for identification purposes or compared to DNA evidence found at a crime scene.

When Can the Police Compel a Buccal Swab in New Jersey?

In New Jersey, law enforcement can compel you to provide a buccal swab under the following circumstances:

• Upon Conviction: If you are convicted of a crime that requires DNA submission under N.J.S.A. 53:1-20.20, such as a felony offense or certain designated offenses, you must provide a DNA sample. This sample will be entered into the state and national DNA databases (CODIS) to assist in future investigations and potentially link you to other crimes.
• Upon Arrest for Certain Crimes: If you are arrested for a crime that requires DNA submission upon conviction, law enforcement may obtain a court order to compel a buccal swab even before you are convicted. This is allowed under certain circumstances, such as when there is probable cause to believe that your DNA will be found at the crime scene and the DNA evidence is crucial to the investigation.
• With a Warrant: If law enforcement has probable cause to believe that your DNA is relevant to a criminal investigation, they can obtain a warrant to compel a buccal swab, even if you have not been arrested or convicted of a crime.

The Importance of Legal Representation

If you are facing a request or order to provide a buccal swab, it’s crucial to consult with an attorney immediately. Brett M. Rosen, Esq. can help you understand your rights and options in this situation.

How an Attorney Can Help:

• Challenge the Legality of the Request or Order: If the police are seeking a buccal swab without a warrant or court order, or if they lack probable cause, your attorney can challenge the legality of their request and protect you from an unlawful seizure of your DNA.
• Negotiate with Prosecutors: If the prosecutor is seeking a court order for a buccal swab, your attorney can negotiate with them to potentially limit the scope of the order or explore alternative options.
• Protect Your Privacy Rights: Your attorney can ensure that your DNA sample is handled properly and that your privacy rights are protected throughout the process.
• Advise You on the Implications: A DNA sample can have significant consequences for your case. Your attorney can explain the potential implications of providing a sample and help you make informed decisions.

Defenses Against DNA Evidence

If your DNA is collected and compared to evidence from a crime scene, your attorney can challenge the DNA evidence on several grounds:

• Contamination: DNA samples can be easily contaminated during collection, transportation, or analysis. This can lead to inaccurate results and false matches.
• Chain of Custody: The chain of custody refers to the documented handling of evidence from the time of collection to its presentation in court. Gaps or inconsistencies in the chain of custody can raise doubts about the integrity of the evidence.
• Laboratory Errors: Errors can occur during DNA analysis, such as mislabeling samples, misinterpreting results, or using faulty equipment.
• Statistical Interpretation: DNA evidence is often presented with statistical probabilities. Your attorney can challenge the statistical interpretation of the evidence and argue that it does not definitively prove your guilt.

FAQs About Buccal Swabs in New Jersey

1. What should I do if the police ask me to provide a buccal swab?

   Do not consent to a buccal swab without first consulting with an attorney. You have the right to remain silent and request an attorney.

2. Can I refuse a buccal swab?

   You can refuse a buccal swab if the police do not have a warrant or a court order. However, if they have a valid legal basis for obtaining your DNA, refusing could lead to additional charges or complications in your case.

3. What happens if my DNA is found at a crime scene?

   If your DNA is found at a crime scene, it can be used as evidence against you. However, it’s important to remember that DNA evidence is not conclusive proof of guilt. An attorney can challenge the DNA evidence and present other evidence to support your defense.

4. Can my DNA be used to solve other crimes?

   Yes, if your DNA is entered into the CODIS database, it can be used to investigate and potentially solve other crimes, even if they are unrelated to the current charges you are facing.

5. Can I get my DNA removed from the CODIS database?

   The process for removing your DNA from the CODIS database is complex and depends on the specific circumstances of your case. An attorney can advise you on your options and help you pursue removal if you are eligible.

FAQs Continued

1. What if I provided a DNA sample before the 2017 changes to New Jersey’s DNA database law?

   New Jersey’s DNA database law was amended in 2017 to expand the categories of offenses that require DNA submission. If you provided a DNA sample before these changes, your sample may be retained in the database even if your conviction is later expunged.

2. Can a buccal swab be used for paternity testing?

   Yes, a buccal swab can be used for paternity testing to determine the biological relationship between a child and an alleged parent.

3. What if I believe my DNA sample was contaminated?

   If you believe your DNA sample was contaminated during collection, transportation, or analysis, your attorney can challenge the reliability of the DNA evidence and argue that it should not be admitted in court.

4. Can I get a court order for a buccal swab to prove my innocence?

   In some cases, you may be able to obtain a court order for a buccal swab to compare your DNA to evidence from a crime scene to prove your innocence. However, this requires demonstrating that the DNA evidence is relevant and could exonerate you.

5. What if I’m concerned about the privacy of my DNA information?

   DNA information is sensitive and raises privacy concerns. Your attorney can advise you on your rights and options for protecting your privacy, including challenging the collection or storage of your DNA sample.

Don’t Face a Criminal Investigation in Union County Alone!

A buccal swab, while a seemingly simple procedure, can have significant consequences in a criminal case. Understanding your rights and the legal implications of DNA collection is crucial. If you are facing a request or order to provide a buccal swab in Elizabeth, New Jersey, contact Brett M. Rosen, Esq., today for a free consultation. He will provide you with the experienced and dedicated representation you need to protect your rights and achieve the best possible outcome.

908-312-0368 & brett@nynjcriminalcivilesq.com

Remember: Your DNA is your personal information. Don’t let it be used against you unfairly.