The police came because of a complaint of drug traffic at an abandoned house when they arrived they walk around the house searching and found a plastic bag on the ground with drugs in it. They then ask for i.d. and explained they were taking names and sending it to the lab for testing and who ever dna is on the bag is getting charged even though it was not found in anyones possession
To find "your" DNA on the baggie, they would have to have a sample of "your" DNA to compare against whatever they may obtain from the bag. If you have a prior felony, your DNA may be in their database. If not, the threat is meaningless unless you also gave them a sample of your DNA to use to compare against what they may recover from the bag. But, to even get to that point is a real stretch. For example, the police would have to have collected the bag as evidence in a way that preserved any DNA on the bag, ie. handle it with gloves etc. Then, the forensic labs in Virginia are pretty busy already trying to solve violent crimes. For anyone to agree to try to obtain DNA for a baggie of drugs is a bit unusual, in my experience. Unless it is a big bag of drugs, I doubt it would happen. EVEN THEN, the lab would have to get pretty lucky to obtain a clean usable sample of DNA from the baggie. EVEN THEN, the prosecution would have to be able to eliminate the possibility that the bag was not used lawfully for another purpose by the person whose DNA is found, before someone else put drugs in the bag and abandoned it. I would bet that the police secured that evidence and nothing will ever become of the investigation. But, to answer your original question, yes, if all those things happen, it is possible one could be charged. But, I would say it is very unlikely to happen.
Never rely on forum answers like this for legal advice. If you think you may need a criminal defense lawyer, you probably do. Consult one right away for an accurate assessment of your situation.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline