DNA evidence of the innocent in Colorado is now the law. Before a person is convicted, C.R.S. 16-23-103 now requires anyone charged with a felony - before any conviction, to give the government a sample of their DNA. Of course, the sample will go into a huge database and can be searched by the government for profiling or to match prior cases.
I am not opposed to DNA testing in Denver, Arapahoe, Jefferson, Douglas and Adams county felonies. I am just opposed to people who are supposed to be presumed innocent, having to give over the sample. It seems far too intrusive to have someone's physical identification properties scientifically analyzed and put into a database of offenders, before conviction.
Yes, the statute has one redeeming quality - you can get your DNA sample expunged if you are found innocent. But, that has the same shortcomings as Colorado's record sealing statute. C.R.S. 24-72-308. It makes an innocent person spend money to get back what the government wrongfully took in the first place. A proven innocent person has to spend over a thousand dollars in lawyer fees to get the government's false accusations against them sealed. And here too, C.R.S. 16-23-105 requires the defendant take steps and spend money to get back something the government took prior to a conviction. Where is the justice in that?
I propose that the government be required to automatically expunge the Colorado DNA samples of people proven innocent, automatically. With Colorado record sealing under C.R.S. 24-72-308, the government should automatically seal the record of innocent people. The government are the ones who made the unprovable accusation and they are the ones who should clean up THEIR mess.
DNA Evidence of the Innocent is a bad idea. It presumes guilt and starts the punishment process before conviction. In America we value privacy and our privacy rights are being whittled away by government in the name of public safety. We lose privacy rights with laws like C.R.S. 16-23-103. It is time to get less government in our lives, not more. Bad government. Bad.
If you have been charged with a felony or misdemeanor, or think you might be, act smart, remain silent, and call the O'Malley Law Office at 303-731-0719 today. Together, we can protect your future.