Legal Question in Criminal Law in Michigan

False Rape Charges

My question is first of all, how long does a typical DNA test take to complete in regards to a rape case? My husband was arrested 83 days ago because someone we know accused him of this. There is no medical evidence whatsoever backing up any claims that she had made, and she is an ex girlfriend of my stepson. My husband does have a past criminal record, which is holding a prejudice to the case. They will not release him on bond either. We were told that they were unable to locate the alleged victim. The first DNA test ran took 10 weeks to come back with ''no comparisons''. My husbands DNA was already on file. They claim that they must have been lost. His preliminary has been adjourned 10 times thus far. My other question is, if they have no evidence at all, what is the limit that they can hold him for before even getting him in to circuit court?? Neither the judge, nor the DA wants to bind this over to Circuit until DNA is completed. (Because of lack of evidence)..Yet he still sits in jail..


Asked on 6/01/02, 6:44 pm

2 Answers from Attorneys
Nancy Moore Nancy L. Moore, Esq.

Re: False Rape Charges

My sympathies to you and your husband. Under the Speedy Trial Act, the case must proceed within 180 days providing that your husband is incarcerated. I certainly hope that you have hired a good criminal defense lawyer by now. Your husband should not go this alone! Another thing, if there is no DNA match and no testimony by the complaining witness, the case will be dismissed. An attorney can speed up the process.

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Answered on 6/02/02, 12:04 pm
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: False Rape Charges

This is typical for the prosecution. Because the victim is missing and the DNA is not a match, the prosecution is trying to build a case. You need a criminal defense attorney to get your husband out on bond and file a motion to dismiss. Please call me so I can HELP you! Office (248) 737-7000 or 24 hour voice mail/pager (800) LAW - 6685.

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Answered on 6/02/02, 2:08 pm


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