Compelled to Give a DNA Sample

[PublicDefProblem]

My question involves criminal law for the state of: PA

I was recently forced to give a DNA sample they basically used the bullshit charges against me that were obvious lies but I had a PD and they said they put I had to get a DNA sample on the suriety of my bond so if I didn't comply I risked getting my bond revoked but they lie all the time I don't know how true this is. can they do this? and try to use it against me trying to build another case against me? How much would it cost to have a lawyer attempt to quash the search warrant??

[flyingron]

Please do not use profanity here. You're not getting out of being compelled to provide the DNA sample in Pennsylvania. A lawyer wouldn't have helped that. They already appear to have enough probable cause to convince a judge. You're mistaken that they can't take DNA, blood, search your person, etc... to obtain evidence against you. The constitutional protections against self incrimination only cover testimony.

What you can do if the charges do not come to fruition is to petition to have your DNA sample removed from their database.

[PTPD22]

If the cops had a search warrant for your DNA, they didn't need to use "bullsh$t charges" to coerce you or threaten to revoke your bond! They could simply strap you down and take the sample with or without your compliance. The only way (well...not the ONLY way, but 99%) to get a search warrant quashed is to challenge the probable cause for the warrant. That is a steep hill to climb because, at a minimum, the issuing judge already reviewed the probable cause and found it sufficient before he/she granted the warrant.

As to how much a lawyer is going to cost?...that's between you and the lawyer. If you want to hire an F. Lee Bailey or Johnny Cochran, it is going to cost you tens (maybe hundreds) of thousands of dollars. If your finances aren't quite up to that level, you can probably find lawyers in the $250-$300 an hour range. Whether they agree that your case has merit is another question entirely.

[PublicDefProblem]

Please do not use profanity here. You're not getting out of being compelled to provide the DNA sample in Pennsylvania. A lawyer wouldn't have helped that. They already appear to have enough probable cause to convince a judge. You're mistaken that they can't take DNA, blood, search your person, etc... to obtain evidence against you. The constitutional protections against self incrimination only cover testimony.

What you can do if the charges do not come to fruition is to petition to have your DNA sample removed from their database.

Well here's what I'm trying to figure out, the case was resolved I pleaded no contest to simple assault due someone accusing me of aggravated assault with a deadly weapon, pistol whipping someone repeatedly There was absolutely no evidence at all to support them being bludgeoned by a 26.5 oz nine millimeter the gun was completely clean and kept loaded due to my house being shot at by motorcycle gang members affiliated with my ex a silenced 40 cal at 2:29 am to intimidate me out of child support police recovered the shell casing infront of my house and I heard the shot it was silenced and I think if you hit someone with a solid object such as a pistol which I would never do simply due to fear of the gun going off. They knew I owned a gun and even my public defender when they finally gave me a real one was like yeah they embellished quite abit and your bail was really high due to this. I wanted to goto trial numerous times but the PD I had before this actual attorney was working with the DA and kept continuing it. I had to plead no contest to simple assault due to the fact It had been 6 months and my anxiety levels were extremely high for fear they were going to send me to prison for something I very obviously did not do. If I had a real attorney and not been manipulated by the courts I would of went to trial but after 6 months and showing up every month I couldn't take it anymore. Now they're trying to use the dna they forced me to give to establish another case the best they can is that legal? They didn't serve the search warrant on me they put it on the suriety of my bond to try to establish their next case which is weak.

[flyingron]

Well, you've screwed yourself pretty good, and there's no indication that there's any relief for you. By pleading no contest, you pretty much gave up any chance to argue whether the charges were bovine excrement or not. It also gave up your rights with regard to the DNA registration. Yes, your DNA can be used against you in other cases. As far as the law goes, it's pretty much analogous to being fingerprinted.