Arizona DNA Testing Laws

DNA evidence may be found on suspect if they touch the victim or an object at the crime scene. It is believed that DNA exists in all cells in the human body and its systems. This includes hair, blood, skin, or other bodily secretions or fluids including tears. They can be, and usually are shed or deposited during the commission of a crime. In the case of a violent criminal offense against a victim, the DNA may be found, shed or deposited on the victim’s body.

If authorized, DNA evidence is collected from a felony or suspect, then reported and distributed to state and federal authorized agencies. Following a serious crime, for example, sexual assault, the victim provides law enforcement with their own DNA samples. This includes DNA of the suspect or perpetrator to the crime found on the victim. The unknown suspect’s DNA is then searched against the State’s criminal data base’s existing DNA profiles. If a match is found in the Convicted Offender or Arrest data base, procedures will follow to confirm the match to an identity of the suspect against that of the profile in the DNA data base, known as the Forensic Index. The prosecution will then use the DNA as admissible evidence against the defendant.

Currently, Arizona law enforcement may collect DNA evidence for person’s imprisoned or incarcerated for conviction of a felony offense. This also applies to those convicted of a felony on parole or probation, or juvenile detention. Such DNA samples are maintained by Law enforcement and Arizona Department of Public Safety, and reported to the US Federal Bureau of Investigation Affairs (FBI) Data base.

Arizona passed legislation in recent years to allow for the collection and distribution of a suspect’s DNA if they were arrested, but not yet convicted of a dangerous and serious crime specified by law.

DNA collected due to a prior felony conviction may be used as evidence in the event the felon is suspected of a future serious criminal offense. If the DNA evidence found on the victim or at the crime scene can’t be linked to a suspect, the charges will generally be dismissed, or the defendant acquitted in a jury trial.

A.R.S. 13-610. DNA testing

(O.) 3. Arrested on suspicion of violation of the following offenses:

• Sexual Offenses: A.R.S. 13-1402, 13-1403, 13-1404, 13-1405, 13-1406, 13-1410, 13-1411, 13-1417.
• First or Second Degree Burglary: A.R.S. 13-1507, 13-1508.
• Prostitution: A.R.S. 13-3208, 13-3214.
• Sexual Exploitation of Children: 13-3555.
• Domestic Offenses, Incest: 13-3608.
• Violation of any serious, violent, or aggravated, offense under A.R.S. 13-706, that is considered a dangerous offense.

If you have been arrested or accused of a felony or serious crime, especially against a victim, you should consult an experienced criminal defense firm. Your future and freedom are in jeopardy. The state egregiously pursues crimes against victims, and looks for aggravated factors to obtain maximum penalties under law. If retained, your attorney will evaluate your case to determine if your constitutional rights were violated, or if any other defenses apply to your matter. The Law Office of James Novak defends serious, violent, and dangerous offense charges, on a regular basis. James Novak, Attorney at Law is a former criminal prosecutor for Maricopa County and has a vast amount of criminal litigation experience.

If retained, the Law Office of a James Novak will defend your charges; protect your rights; and tell your side of the story. He will evaluate the state’s evidence for justification or weaknesses, and move to suppress evidence obtained unlawfully. He will look for exculpatory evidence that may be used to defend you, get charges dismissed, reduced, or sentencing mitigated. Call today for your free consultation with the Law Office of James Novak (480) 413-1499 or (602) 908- 8123, serving Phoenix-metro and East Valley Cities in Maricopa County.

• Arizona State Legislature
• Federal Bureau of Investigation – DNA Data Base
• Arizona Department of Public Safety
• Arizona Superior Court