Legal Question in Criminal Law in California
Please Help: sexual assault investigation
I need help understanding what happens in a sexual assult investigation. My brother lives in CA and was recently accused of sexual assault. There is no way he has done this, he just would never. I'm scared for him. The girl accused him of this several weeks ago and yesterday they showed up at his work for a DNA swab. Why would they do that? Does that mean they have some sort of evidence? Can they legally do that show up at someones's place of employment. What are the laws in CA requarding sexual assault?
Thank you
4 Answers from Attorneys
Re: Please Help: sexual assault investigation
The police can come to take a DNA swab. It has been found not to be like forcing a confession out of someone and is not considered overly intrusive. It sounds like he needs to have legal representation as soon as possible.
Re: Please Help: sexual assault investigation
If the police obtained a DNA sample, they surely have something to compare it with. This man needs serious legal representation NOW! He should have no more interaction with the authorities without representation. Please call if you need more info. (800) 313-9619
Re: Please Help: sexual assault investigation
Your fear for him should result in you convincing him to hire an attorney, immediately. He faces potential jail time and 'registered sex offender' status if convicted. Of course they have evidence to compare against when they take DNA samples.
If the case is in Southern California, have him contact me to discuss the facts, defenses and fees involved.
Re: Please Help: sexual assault investigation
he needs to retain counsel and should refuse any swab until he sees an attorney. he can email if he wants.