Do you have to give DNA if you are in the military and an accusation has been made against you?
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
My son is in the coast guard and is being accused of rape and attempted
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.
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.
Relist: Other.I just wanted more information. I am willing to pay for it.
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.
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