Reply to DH is being accused of sexual assault.

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Reply to "DH is being accused of sexual assault."

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]So he let himself get swabbed without talking to a lawyer first?

That was stupid.   Innocent or guilty.   That was really stupid.[/quote]

Why?[/quote]

Lots of reasons. He could be getting set up. Perhaps it was co.sensual but woman's spouse found out so she fabricated the assault, etc, etc.[/quote]

But what could a lawyer do? Stall until something else comes up? Can police force someone to get a swab? Or a judge?
[/quote]

If I was accused of anything or asked to do a swab I most definitely would demand to see a lawyer first. I don't think the police can demand you take it. I think they would need a oder from a judge. Refusing does not imply guilt. [/quote]

I wouldn't comply either, even if I knew I didn't do it.  In most (maybe all?) states, the police need probable cause to get DNA from a suspect who is not under arrest.  They can go get a warrant for my DNA if they really want it.  [/quote]

I was in a situation once where something bad happened to someone else. I will not go into details.  I was in the wrong place at the wrong time.  But, I was seen in the vicinity of the attack.   I talked to a lawyer who, upon hearing my story, said he will be happy to take my money, but if what I told him was accurate, I had nothing to fear.   I cooperated with police without a lawyer present. Maybe it was stupid, but I figured if I give them my DNA, I will be ruled out.  Which is what happened -- I was ruled out quickly based on blood types.[/quote]

Never give DNA samples without a warrant. Your DNA is now in a data base and will be compared against incomplete DNA samples from crime events. If enough matches the sample, you or family members will be add to the list of suspects. Also many police department use private firms and you have no control over your DNA. It could be sold like your browser history. 
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