Legal Question in Criminal Law in Florida

Real quick question?Under Florida law can a dna sample be taken from a defendant after he has been charged with a crime and the statute of liitations has expired? For example say the defendants dna is already on file and the state needs a comparison dna because it must be done by a crime lab and not a probation officer,yet the defendant was charged for a burglary 3 years after the date which expires the limitations statute.Then the prosecution requests to take dna in court to use as comparison.Wouldn't this be a violation of the defendants civil rights?


Asked on 10/19/10, 5:32 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Your question is a little confusing because you say you were charged. If that's the case, then the statute of limitations may be a moot issue. On what grounds did they take your DNA in court? Was it because of a new charge? If so, then you don't have a violation. However, they can't just pull you aside and demand DNA from you. If you're concerned you may be charged with a crime, I suggest you contact an attorney right away to see what can be done to protect yourself.

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Answered on 10/25/10, 3:48 pm


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