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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23530
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If a woman say to a judge that a man is the father of her

Customer Question

If a woman say to a judge that a man is the father of her child, tells the judge a name, so she can take a lesser plea deal, can the name of the man said by the women deny taking any D.N.A., or blood test, and the man is on parole?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 9 months ago.

Hello,

Are you asking whether parole can require him to take a DNA test?

Expert:  Zoey_ JD replied 9 months ago.

Yes, if parole can request a DNA test of a parolee. The parolee is required to comply with whatever Parole asks of him, or he can forfeit his liberty for violating parole. A parolee is a sentenced felony offender and he is without almost all of his civil rights, by definition. However the one right he has is a right to a hearing.

So if he doesn't wish to test, he can take that up with the Parole Board and see if they will overrule the testing requirement. If that doesn't help, he can get a lawyer who can bring this issue before the sentencing judge. Frankly, judges tend not to come between Parole and their parolees. But they will to prevent an injustice.

If that's not your question and the woman is seeking to establish the paternity of her child, she can bring the matter to family court and the possible father can be ordered (whether he is on parole or not) to provide a DNA sample.