Staunton, VA asked in Criminal Law for Virginia

Q: as A witness in a case do I have to provide dna in va?

It’s a murder case in va. I’m only a witness. Investigator said if I don’t provide dna I will have a warrant for me. I haven’t been charged & there is no court order for my dna. Do I have to provide my dna?

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3 Lawyer Answers
Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania, VA
  • Licensed in Virginia

A: Only those convicted of committing a felony, and after July 1st, certain misdemeanors, must provide a DNA sample, but not witnesses.

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Midlothian, VA
  • Licensed in Virginia

A: Unless they get a warrant they can't force you to provide that. However if you leave a drink around in public, etc they can take it and test it so there are other ways to get it. But yes, they will need a warrant since you are a witness to force you to provide it.

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Midlothian, VA
  • Licensed in Virginia

A: You would only need to provide dna if ordered to do so by the court. Now if you leave dna around in the public they can test it (you throw away a coke can in public). But they can only compel it via an order from the court.

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