Legal Question in Criminal Law in New Jersey

DNA swabbing, $ amt of 4th dgree theft

My son is 15 y/oand will be convicted of 4th degree theft & criminal mischief(he drew on the wall of a house where a party was with a marker. We live in NJ and the lawyer is trying to tell me that unless she can get the theft reduced to, not a felony, he MUST submit to oral DNA swabbing that will go in a databank...BUT I need not worry because it will be removed IF he fulfills the conditions of his probation. He is a first time offender. He returned the items he took from the home as soon as the officer came to our home, before he was even Mirandized, but the owners of the home where the party was, decided to press charges anyway. Also of note may be that there was an initial charge of burglary that they are acting like they are ''plea bargaining away, when IN FACT the girl who allowed the party without her parents permission, lied about it(which the police suspected,then searched her home, found alcohol bottles in her room, empty marijuana bags etc). This girl has been charged with filing a false police report and must share in the damages. Also there were MANY statements in the discovery stating the kids knew about the party in advance....SO there was NO BURGLARY, right? Must I agree to the Swabbing? Court is 9am Thur 3-22-08.


Asked on 5/20/08, 2:33 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: DNA swabbing, $ amt of 4th dgree theft

Without knowing any more details, I would suggest that your son fight the case. I don't see a 4th degree case here. I'm afraid that he may be getting sold out. Of course, I know next to nothing about the case so I would need to know more before I could give a better opinion.

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Answered on 5/20/08, 3:02 pm
Kenneth Vercammen,Esq. Kenneth Vercammen

Re: DNA swabbing, $ amt of 4th dgree theft

Our office can probably help with your matter. Please schedule an in-office consultation to discuss your matter. Please visit our website www.njlaws.com.

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Answered on 5/21/08, 10:45 am


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