Legal Question in Criminal Law in California
wrongfully jailed
I was sentenced to 15 days cal trans and told to submit DNA to orange county, ca for being a felon. I was also given 3 yrs. probation. I did not submit the DNA to a clinic in Santa Ana and was picked up on a probation violation to which I did 30 days in jail where the sheriffs deputies were supposed to take my DNA. They never did because it was already in there records. Apparently I already submitted DNA three times including once in their county and in prison to the state of california. I did 30 days jail for no reason. Can I sue? Can I get the CalTrans community service dismissed?
1 Answer from Attorneys
Re: wrongfully jailed
Your question is a bit vague about when you submitted DNA samples, why and to whom. My sense, however, is that your sentence required you to give a sample to a different etity from those to whom you had given samples previously. If you violate an order to give a sample to Agency A, it is no defense to say you have already given samples to Agencies B, C and D.
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