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psimmons, Military Lawyer
Category: Military Law
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Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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Do you have to give DNA if you are in the military and an accusation

Resolved Question:

Do you have to give DNA if you are in the military and an accusation has been made against you?

Submitted: 10 months ago.
Category: Military Law
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Expert:  psimmons replied 10 months ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

The answer is yes...A commander or a military judge can order an accused to submit to a DNA test.

If the accused refused, they could be prosecuted under Art 92, UCMJ, for violation of a general order

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Customer: replied 10 months ago.

My son is in the coast guard and is being accused of rape and attempted

rape in Baltimore, MD. He is stationed in Miami, fl


He was ordered by the CGIS at his base to go to the police station in the morning and give his DNA. We are trying to get a lawyer for him, but won't get one in time for tomorrow.


Does he have to give his DNA and/or should he?

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Expert:  psimmons replied 10 months ago.

As I mentioned the commander can give this order. It is a lawful order. If he he refuses they can prosecute him for this refusal.

That said, I would sure try and get a lawyer to represent him...one who can discuss with him if this sample could harm his case or not.

He may want to ask to speak to a NLSO (Navy Legal Services Lawyer) before he agrees to provide a sample. And with pending rape charges? I would be looking very hard for an experienced military lawyer to help him...there are plenty out there.

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Customer: replied 10 months ago.

Where can I find an experienced Military Lawyer at this hour of the evening? He is supposed to go in the morning to give his sample.


This rape charge is from his old girlfriend, who is also in the coast guard.


thanks so much for your help with this. this will be my last question.

Customer: replied 10 months ago.

Relist: Other.
I just wanted more information. I am willing to pay for it.

Expert:  psimmons replied 10 months ago.

Sorry, I had to step away.

On the east coast?

It may be too late.

I would contact one of the many retired Marine Lawyers on the east coast who practice. I know most of them and they are all quality. Wish I could say the same about the other lawyers.

If he tells them he is in the process of hiring a lawyer, and does so in a day or so, I do not believe that would be held against him...I mean they could try...but I doubt the charges would survive if it landed in court.

psimmons, Military Lawyer
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Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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