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Loren
Loren, Lawyer
Category: Criminal Law
Satisfied Customers: 32613
Experience:  Former administrative hearing officer
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What if myminor child refuses dna search warrant

Customer Question

What if myminor child refuses dna search warrant
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Loren replied 7 months ago.

Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs and former prosecutor, and I look forward to assisting you.

Expert:  Loren replied 7 months ago.

Was this court ordered? Was a subpoena issued to the parents?

Customer: replied 7 months ago.

Yes

Customer: replied 7 months ago.

Officer said would be in. Comtept of court. What happens then do i go to jail or what happens

Expert:  Loren replied 7 months ago.
If you refuse to obey a subpoena you are indeed in contempt of court.
You can appear to attempt to quash the subpoena, but if the judge denies the motion to quash, you can be jailed until you comply.
Customer: replied 7 months ago.

The minor child or me. The dna search warrarent is for minor child but i wasnt subpeona yet

Expert:  Loren replied 7 months ago.
A minor can not be subpoenaed. The parent would be subpoenaed to produce the minor. The parent would be the one in contempt.
Customer: replied 7 months ago.

My son refuses to take dna swab. Will they take me to jail

Expert:  Loren replied 7 months ago.
They could, if you refuse to obey a court order.
Expert:  Loren replied 7 months ago.
They could, of you refuse to comply with a court order.
Expert:  Loren replied 7 months ago.
Did you have further questions? I am happy to continue if you need further information.
Have I answered your question?
Customer: replied 7 months ago.

Yes. If he wont doswab do they then go get subpeona or have the right to take me to jail immediately

Expert:  Loren replied 7 months ago.
They would need to get a court order holding you in contempt first.
Expert:  Loren replied 7 months ago.
If they have a warrant or subpoena they will give you a chance to comply first.
Customer: replied 7 months ago.

Comply does that mean a court appearace with lawyer or bring in child. I cant force him to do swab

Expert:  Loren replied 7 months ago.
Comply means to do whatever is required in the subpoena or warrant. How old is your son and why is he refusing?
Customer: replied 7 months ago.

He is 17 anx we dont know why they are demanding this but my house was searched yesterday and they seized a pipe and his prescrition loraszapam

Expert:  Loren replied 7 months ago.
They can't arrest you unless a subpoena is issued to you. If that has not occurred yet then nothing can happen to you. If one is issued retain local counsel and try to get it quashed on the basis that your son is not under your control.
Expert:  Loren replied 7 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

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Thank you!

Loren

Customer: replied 7 months ago.

They may have one ready for me tonight then will i have to go

Expert:  Loren replied 7 months ago.

If you are subpoenaed or a warrant is issued against you directly then you will need to either fight with a motion to quash or produce your son for testing.

If it is not about you (as in a paternity hearing) then they may not do anything to you.

However, if a subpoena is issued against you you will need an attorney. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Customer: replied 7 months ago.

But will they take me to jail tonight

Expert:  Loren replied 7 months ago.

They will not unless the warrant is for an arrest.

Expert:  Loren replied 7 months ago.

They will not arrest you unless there is an order from the court. They may just be trying to intimidate you.

Expert:  Loren replied 7 months ago.

Also, if it comes down to that then you shoudl have local counsel standing by.

Customer: replied 7 months ago.

Can they takemy child to jail without me or counsel

Expert:  Loren replied 7 months ago.

They can take him into custody to do the testing. If he refuses a swab then they can take a hair sample or use some other method.

Customer: replied 7 months ago.

What if he refuses

Expert:  Loren replied 7 months ago.

They will restrain him and take the sample if they have the warrant.

Expert:  Loren replied 7 months ago.

Are you still online with me?

Customer: replied 7 months ago.

Yes. How long can they hold him

Expert:  Loren replied 7 months ago.

It will only take a few minutes to get the sample.

Expert:  Loren replied 7 months ago.

Once they have the sample they will release him.

Customer: replied 7 months ago.

Dont tbey have to have judge say they can use force

Expert:  Loren replied 7 months ago.

They can use minimal force to restrain him to take the sample.

Expert:  Loren replied 7 months ago.

Did you have further questions? Have I answered your question?

Customer: replied 7 months ago.

Why do they want dna

Expert:  Loren replied 7 months ago.

I do not know, but they would need to show a reason to the judge as to why it is necessary and relevant.

Expert:  Loren replied 7 months ago.

Presumably they have a dna sample from a crime scene and have a credible reason to believe it is his. They are looking for a match.

Expert:  Loren replied 7 months ago.

I am going to need to sign off soon for the night. Did you have any further questions before I sign off?

Customer: replied 7 months ago.

Can u recommend lawyer in my areA please

Expert:  Loren replied 7 months ago.
If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.
Customer: replied 7 months ago.

Went on that site nothing in our area best in criminal law

Expert:  Loren replied 7 months ago.
Expand the geographic area to neighboring counties or nearest larger city.
Call the local county bar association for a referral.
Customer: replied 7 months ago.

Well cops. Came he refused put him in car said they were gonna take go hozpital go geg blood. Said would charge him with contempt and resisti g so hs gave sample.

Customer: replied 7 months ago.

Said he is suspect in burglery in neighborhood

Expert:  Loren replied 7 months ago.
You are going to need an attorney. Tell him to remain silent and make no statements to the police. Any communication should be through his attorney.
Expert:  Loren replied 7 months ago.
If the police had probable cause they would have charged him.
Expert:  Loren replied 7 months ago.
Thank you for using JA. I hope it works out ok for your son.
Customer: replied 7 months ago.

He doeznt have any criminal activity in past except.curfew violATION WHIch was against me

Expert:  Loren replied 7 months ago.
Ok. Just make sure he does not speak directly to the police.
Any further questions?
Customer: replied 7 months ago.

They would have had probable cauxe to get a judge to give a dna warrant

Customer: replied 7 months ago.

How can i do that if they call him in or arrest him

Expert:  Loren replied 7 months ago.
There is a difference between probable cause to sieze evidence and probable cause to arrest and charge someone with a crime.
Just tell him to assert his Constitutional right against self incrimination.
He is going to need a local attorney. I really do not have any further information to give and we are starting to loop back over questions which were already answered.
Do you have any new questions?
Customer: replied 7 months ago.

How long will results of dna testing take

Expert:  Loren replied 7 months ago.
A few days. Maybe a week if the lab is backed up.
Expert:  Loren replied 7 months ago.
Please remember to leave a favorable rating (5 stars). It is the only way I am credited by JA for assisting you.
Customer: replied 7 months ago.

If they arrest him how d8 i get him out of jail

Expert:  Loren replied 7 months ago.
He will be given a bond you can pay to get him out. I do not know how much it will be.
Customer: replied 7 months ago.

Im a single mom and dont have much money. How will his amount of bond be determined

Expert:  Loren replied 7 months ago.

The judge will decide based upon prior record and seriousness of the charge. Since he has a clean record he has that going for him to keep the bond amount on the lower side.

Customer: replied 7 months ago.

Will i get that money back

Expert:  Loren replied 7 months ago.
when the trial concludesor the case is otherwise resolved (a plea agreement or dismissal of the charges).
Customer: replied 7 months ago.

Even if they find him guilty

Expert:  Loren replied 7 months ago.
Expert:  Loren replied 7 months ago.
The bond is meant to make sure he shows up for trial.
Expert:  Loren replied 7 months ago.
Please remember to leave a favorable rating (5 stars). It is the only way I am credited by JA for assisting you.