Legal Question in Criminal Law in California
Should I submit to a DNA test
I rec'd a call from a Detective who said he was from a robbery/homicide cold case file. He said it was about some crimes in the Los Angeles area back in 1985 and 1986. He said that my name came up in each of the old cases and that he wanted to take a DNA swap to clear me. I'm supicious because I was last in L.A. in 1976, ten years before what he is talking about and I only knew two people there then and haven't spoken with either of them since. Also, he's calling me at my unlisted home number, a number that I didn't even have back then. I asked a pers. injury atty on the street and he said to either not call him back or to leave a mess. saying thank you, but no thank you and then no return anymore calls. He felt it was a very supicious call, especially since he wouldn't name any victims. He said that he's not a criminal atty and that's who should be asked this question. Being in our 60's, this is very unnerving to my wife and myself. Thank you!
5 Answers from Attorneys
Re: Should I submit to a DNA test
Your instinct (and those of your acquaintance) are correct. If you're concerned and need some help, you should make contact with a criminal defense attorney in the area.
How you decline may be used against you, so having an attorney run interference isn't a bad idea, especially since it's the homicide portion of the "robbery/homicide" that they're investigating.
If they really want a DNA sample, they can get a search warrant for it, so they may end up getting a sample in the long run, but protect yourself and set up a face-to-face meeting with a good criminal defense attorney in your area to discuss this ASAP.
Re: Should I submit to a DNA test
If the call was really from a detective (it might have been a hoax), his goal is not to "clear" you. His job is to find out who is guilty, not who isn't. Given the serious nature of the crime, you need to get a criminal defense attorney ASAP.
Good luck.
Re: Should I submit to a DNA test
I can't see any advantage to you in submitting voluntarily to such a test. If they have "probable cause" (ie, evidence they can submit to a judge to convince him or her that they have good cause to suspect you are involved in a crime), then they can get a warrant. It is likely in my opinion that they may not have it, or else why warn you that they consider you a suspect?
I concur with the other two attorneys who advised you to immediately consult a criminal defense attorney.
Since you have not yet been charged with anything, you might find useful an article I wrote regarding what can be done when you are still "under investigation". If so, you can follow this link:
http://dinday.com/info04.htm
Re: Should I submit to a DNA test
Exercise your 5th Amendment right to SHUT UP. Say nothing to police, agree to nothing, volunteer nothing, let your attorney do it.
Re: Should I submit to a DNA test
You should not submit to any testing and you should deal with the detective only through your own lawyer. Call a couple of attorneys here in the Los Angeles area to see who might be right for you.
Jacek W. Lentz, Esq.
213.250.9200
www.lentzlawfirm.com
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