Legal Question in Criminal Law in Maryland

What DNA can be used

I was accused of rape. The girl has made statements she was fully awake prior to and after the incident which is also verified by the police. She claims she simplying fell asleep during the alleged encounter and could not remember having sex and then claimed it was rape. They took a DNA sample from her and found two samples in her from two different guys, one being mine. It seems to me that the other might be her b/f's which I didnt know about at the time. This also would give her could reason to claim she had been raped. And would also verify that she has had sex before. I have been told however that we can not bring up the fact that there was other DNA inside her although they will be bringing into evidence that mine was there. Is there anyway I can get this in the trial or any other prior case that would allow this such as the Coby Byrant case? What legal document can I use. Please someone help me, this has ruined my life and I certainly do not want to go to jail or take a plea-bargin for something I didn't do. My court date is fastly approaching.


Asked on 8/15/05, 12:20 pm

2 Answers from Attorneys
robert nudelman criminal defense associates

Re: What DNA can be used

You need the advise and counsel of an expert in sexually based crimes. Whether or not the DNA of the second person is admissable is a question of law to be decided by the Judge. Please call immediately for a FREE consultation at (800) 313-9619

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Answered on 8/15/05, 12:31 pm
A.P. Pishevar The Pishevar Law Firm, P.C.

Re: What DNA can be used

You need a lawyer. Also, you need to make no statements to anyone and ask for an attorney if anyone questions you. You have a right under the 5th Am. to remain silent. You have a right to an attorney, to due process and to a fair trial, etc. You should exercise them. There are many people who unnecesarily hang themselves by making statments that incriminate them even if they are innocent. Let a professional deal with this situation. Best of luck to you. Call (301) 279-8773 to make an appointment. www.PishevarLegal.com

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Answered on 8/15/05, 1:47 pm


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