Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351
COVID-19 RESPONSE: We are open and available to meet with you in-person or via phone / video conference. Click our number to connect with an attorney.


DNA Evidence of the Innocent in Colorado

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.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!


Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.