Defending Against Familial DNA Evidence in Indiana Criminal Cases

It’s everywhere, from true crime documentaries to police procedural dramas – using familial DNA evidence to catch the perp. One of America’s most prolific serial killers, the Golden State Killer, was caught using a DNA match from a genealogy site.

You’ve been accused of a crime, but you aren’t sure what evidence they have on you. Does their case against you involve familial DNA? Maybe, but fortunately, in Indiana, there are strict limitations on when and how familial DNA evidence can be used in criminal cases.

When Can Familial DNA Evidence be Used in Indiana Criminal Cases?

Law enforcement can’t use familial DNA evidence in every criminal case. They aren’t even allowed to pursue familial DNA searches in most cases. Even then, implementing a familial DNA search is only appropriate in cases where all the following factors are present:

• A violent crime was committed against a person or unidentified human remains
• The DNA profile yielded no results in CODIS
• Both the investigating agency and the prosecuting agency intend to pursue the case if the DNA source is identified
• All other reasonable investigative leads to identify a suspect have been exhausted

The Biological Limits of Familial DNA in Indiana?

While all the above criteria might be met, it doesn’t mean familial DNA searches can proceed full steam ahead. There are biological limitations Indiana crime labs must consider before they can use DNA to conduct a familial search. Before a crime lab can even touch a DNA sample, it must confirm the following conditions:

• The DNA sample must come from a single person
• If the suspect is male, the lab must be sure the DNA sample only belongs to him
• There must be enough of the DNA sample remaining to run additional testing
• The DNA sample must be complete enough to provide full information about regular genetic markers and male-specific markers

Razumich & Associates Can Defend You When Familial DNA Evidence Plays a Role in Your Criminal Case

If you are being accused of a violent crime and law enforcement is threatening the use of familial DNA evidence in your case, call Razumich & Associates for help. We keep our fingers on the pulse of the ever-changing laws and regulations surrounding the use of familial DNA evidence. We will ensure that law enforcement and prosecutors do not violate your rights in the pursuit of a conviction against you. Call us today at 317-449-8662 or use our contact form to schedule a case evaluation with one of our experienced criminal defense attorneys.