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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26762
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I am being given a paternity test by the court to see if my

Resolved Question:

I am being given a paternity test by the court to see if my 26yr old half-sisters childs father. I don't remember ever having sex with her and if I did I was in a drunken blackout. Is there any way to avoid jail time if it comes back I'm the father? I don't want my life ruined.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 9 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

How old was she when the sex is supposed to have occurred?

Customer:

24 or 25

Customer:

the child be 2 in july

Dwayne B. :

So the only charge you are worried about is the incest charge?

Customer:

Correct, I'm already ashamed of the possiblility

Dwayne B. :

And is this paternity test being ordered through a family law proceeding, like a child support case?

Customer:

department of family services here in missouri

Customer:

she had her kids taken from her, for what I do not know.

Dwayne B. :

It is pretty rare for an incest charge to be pursued if both people are adults and there are no allegations of rape, etc.

Customer:

even though the statute says that its a class D felony???

Dwayne B. :

There are even some people who believe it probably is an unconstitutional law but I don;t think it has veer been challenged, mainly because it is so rarely charged.

Dwayne B. :

Yes, the statute states it is a class D felony.

Dwayne B. :

However, they would have to charge both people with the crime, the man and the woman (or whatever the combination).

Dwayne B. :

Do you have a lawyer for the child support case?

Customer:

That is what I'm worried about, I'm to be married in a few months, I don't want this ruining my life and marriage.

Dwayne B. :

And has anyone mentioned charging you?

Customer:

No I do not, no not yet

Dwayne B. :

You may want to consider hiring a lawyer and having them object to the test on 5th Amendment grounds.

Customer:

I was told that in 1 week I will receive a letter on where to take the test then 2-4 weeks later the results will come in and I will receive a phone call if I'm the father. If I am then they will have a different conversation with me.

Dwayne B. :

As well as others.

Dwayne B. :

They may be able to get the department to agree that they won't reveal the information to anyone if you agree to pay child support if the test is positive.

Dwayne B. :

There are agreements that can be reached.

Customer:

Okay, I've never had to hire a lawyer before, can you tell me where to start? As in what type.

Customer:

I do appreciate your help very much

Dwayne B. :

I would talk to a criminal defense lawyer first. You can find one using the phone book or by going to www.lawyers.com.

Customer:

okay thank you

Dwayne B. :

I can understand you being worried, certainly, but this is a crime that is so rarely charged that you shouldn't make yourself sick worrying about it.

Dwayne B. :

Hire a lawyer and turn it over to them. It shouldn't be very expensive and they can handle everything.

Dwayne B. :

Look for one who does both family law and criminal law if possible.

Customer:

I'm trying not, never been in trouble really.

Customer:

okay

Dwayne B. :

They jusy want child support, they aren't really interested in pursuing you.

Dwayne B. :

Anything else I can answer for you before I exit to assist others?

Customer:

I hope so, and no thank you you have been very helpful. Thank you again

Dwayne B. :

By the way, jail time is even more unlikely than you getting charged.

Dwayne B. :

This would be a probation case if a charge occurred but, again, it's unlikely there would be a charge.

Customer:

That's a relief...terrified of jail

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26762
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 12 other Criminal Law Specialists are ready to help you
Expert:  Dwayne B. replied 9 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

Also, I’d ask you to consider issuing a high rating (9-10) when you receive your customer satisfaction survey as that ensures I can continue to assist people in this category.

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