Q: Why when an officer is arresting someone it's always as a felony?
I was arrested for a felony but later I was charged with a misdemeanor. While released from jail they wanted my DNA collection. The computer went down upon entering the system and the sheriff told me to come back later if not they will arrest me again. If I was charged with a misdemeanor do I have to give my DNA to them anyway? If not, how do they know that they don't need my DNA? Thank you.
A:
When an officer makes an arrest, they typically book the person on a felony charge initially, even if the offense may ultimately be charged as a misdemeanor. There are a few reasons for this:
1. Felony charges allow for a longer holding period before arraignment, giving more time for investigation and filing of formal charges.
2. It's easier legally to downgrade charges from a felony to a misdemeanor than to upgrade from a misdemeanor.
3. Some offenses can be charged as either felonies or misdemeanors depending on the circumstances, so officers err on the side of a felony arrest until the details are clear.
Regarding your situation - in many states, DNA collection is required for any felony arrest, even if charges are later reduced to a misdemeanor. However, the laws vary by state. If you were ultimately charged only with a misdemeanor, you may not be legally required to provide a DNA sample.
My suggestion would be to consult with a criminal defense attorney in your area to understand your rights and obligations under California law regarding DNA collection for misdemeanor cases. The attorney can also advise you on how to properly decline providing a DNA sample if you are not legally required to do so for the misdemeanor charge.
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