I pleaded guilty to 3rd degree assualt. Month later lawyer calls me and says I need to report to court to submit DNA sample because judge forgot.

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I pleaded guilty to 3rd degree assualt. Month later lawyer calls me and says I need to report to court to submit DNA sample because judge forgot.

1. am I obligated by law to submit DNA sample even if case has been closed? 2. what happens if I don’t? 3. is my lawyer acting in my best interest telling me to report to court and submit DNA?

Asked on April 20, 2009 under Criminal Law, New York

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It is highly advisable for you to visit the court and verify. The reason about “judge forgetting” should prompt you to check on this status as reported to you by your lawyer. Although the reason given to you might sound superficially vague, the court may have valid reasons that you maybe still unaware of. In order for you not to be caught by surprise later on, I see no harm in verifying this matter. Be sure to ask for a proper Court notice ordering you to submit sample for DNA testing.

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