my husband is on felony probation. he went to check in with probation and a detective was there waiting for him, they said they had questions about a case that happened in 2003. they questioned him he said he doesn't no anything so they got him violated for a month old traffic ticket. now that he's in jail doing a 10 day flash the same detective is harassing my husband. they said that they have his DNA but came today asking for his DNA. they told him that they can put him away for life even if he doesn't give them anything. they also told him that if he doesn't talk that they know he's been to reno a lot of times and after the 10 day flash there going to have him violated for all the times he's been out of state without telling probation. they won't leave him alone what do we do please help.
The short answer is that he needs to keep his mouth shut,and you need to get him an attorney asap.
He should not talk to the police. He should not consent to giving them anything, including his dna. If the police really want his dna, they can ask a judge for a warrant for that. He should assert his right to remain silent, and request an attorney. The only words out of his mouth should be "I want a lawyer."
And, to answer your question: "what should we do?" I will repeat: Get him a lawyer asap.
Your husband needs an experienced criminal defense attorney to sit down and talk with him about what is really going on.
Don't know what has happened since you posted this question, but your husband needs to not only remain silent, but more importantly, request an attorney before any more questioning. Just remaining silent is not enough and his silence may be used against him in court. The cops can and do lie as a standard investigative technique so you and your husband should not believe anything the cops tell him. He should not give a DNA sample without a search warrant. If they are going to charge him with a crime, then let them do it. So he's been to Reno? Yes he must notify probation if he is going to be out of Sacramento for more than 48 hours but at best that is some technical violation. He is not entitled to an attorney until he is actually charged with a crime - the cops do not magically produce an attorney if the defendant wants one. Since your husband is in custody, do not talk to him during social visits or over the telephone, as everything is recorded by the jail. Good luck.
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