My son is being accused of rape but the DNA test was negative, what would be the reasoning for holding him still? 11 Answers as of July 19, 2012

My 17 yr old son has been accused of rape. DNA came back negative, what would be the reasoning for holding him still?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Other evidence like the testimony of the victim.
Answer Applies to: California
Replied: 7/19/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
DNA is not necessarily the final arbiter of guilt and innocence. Was son IDed by the alleged victim? Was the alleged rape done in a manner that might not leave DNA? Does any of the DNA match another donor or is it only that of the alleged victim. The DA does not care what the evidence is and hopes to get a conviction of something. These are just starters. For more specific reasons, ask son's attorney.
Answer Applies to: California
Replied: 5/15/2012
Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
The D.A. doesn't need DNA to convict someone of rape. It often helps. But, depending on what other evidence the D.A. has, he might still be able to convict without DNA. Even though he's still a minor, your son is looking at serious punishment if convicted. Do not rest on the "negative" DNA test and assume all will be well. Your son needs to fight this charge tooth-and-nail. He should consult an attorney right away.
Answer Applies to: California
Replied: 5/15/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The evidence required to hold and convict a person does not only depend on DNA evidence. If there is no DNA on the victim it may be because the suspect used a condom. Additionally the DNA evidence could have been washed away. There are lots of ways that a person could have raped a person and not have DNA evidence show up at the time of the exam of the victim. If the DA thinks he has enough evidence to convict he can take the case to a preliminary hearing or to the grand jury. For a charge this serious your son needs and attorney right now!
Answer Applies to: California
Replied: 5/15/2012
Hammerschmidt Broughton Law
Hammerschmidt Broughton Law | Mark A. Broughton
Impossible to say for sure, but if the DA still feels he has a good case despite the DNA evidence he may proceed on the case anyway.
Answer Applies to: California
Replied: 5/15/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    I can understand your frustration. It's a great question, but asking attorneys online to guess isn't going to be of much help to you. For such a serious charge, your son undoubtedly already has an attorney. That's who you need to talk to. Good luck.
    Answer Applies to: California
    Replied: 5/15/2012
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    DNA is not present in every rape case and is not required for conviction...I will assume you have competent criminal representation.
    Answer Applies to: Illinois
    Replied: 5/15/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The reason is the DA thinks they can convict him without that evidence, or in spite of it. You'll get your answers about what and why they did things, but only when your attorney gets the discovery files in court at your arraignment. Once you have all the pleadings and police reports, then your attorney can determine if there are grounds for evidence suppression or other motions, or defenses to use in the case. Without knowing all those factors, any opinion would be worthless speculation.
    Answer Applies to: California
    Replied: 5/15/2012
    Attorney at Law | Ernest Krause
    There must be other factors. Has he had a bail reduction hearing? That should occur soon after arrest and incarceration. Maybe he should be released on OR (released without having to post bail). Is he in the juvenile or adult system? Get a public defender or free consultation with private criminal defense attorney. Google until you find one. Don't automatically agree to pay an attorney fee.
    Answer Applies to: California
    Replied: 5/15/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    DNA is just one piece of the puzzle. If there was absolutely no other evidence linking him to this case and there was no DNA match, then it doesn't look like there is much of a case left. If there is more, then just no DNA evidence doesn't automatically mean they will dismiss the case. For example, if he admitted having sex, but claimed it was consensual, then not having a DNA match won't matter. DNA can identify a person, but has nothing to do with consent. If he says it wasn't me, then no DNA (or no match) may be a big deal. Only his attorney - the person with access to ALL the information can assess what the DNA results mean in this case.
    Answer Applies to: California
    Replied: 5/15/2012
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    Other evidence they may have against him.
    Answer Applies to: California
    Replied: 5/15/2012
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