In Colorado, the law is very strict with criminals. Not everyone who is accused is guilty, though. Everyone deserves his or her day in court. There is a statute called “Katie’s Law” and it has to do with DNA testing. It states the rules and regulations that cover who can be tested, when they can be tested and why.
The law says that collecting DNA from suspected offenders can be a huge help in determining who is guilty of the crime in question. If you are arrested for a criminal offense, you are obligated to submit to a DNA test.
A biological substance sample can be administered to anyone who is arrested for an offense that is serious. It has become part of the booking process in 2010. Even if you are being investigated and haven’t been charged, you must submit your DNA to the authorities.
Can you begin to see that there is a need for a knowledgeable attorney? Someone who can protect your rights under the law?
If you are brought before the court after charges have been filed, you must submit to the testing. The DNA test will destroyed and your record expunged if you meet certain conditions. They are long and involved, and it is something you may want to contact an attorney to handle.
You have to make a request to the Colorado Bureau of Investigation in order to have the sample destroyed, according to the law.
One of the exceptions to the law is that if at the time of your booking, it isn’t convenient for the authorities to obtain your DNA, they have the right to ask you for it later.
If you are facing criminal charges, you may want to contact a legal professional who can assist with your defense.
Source: Colorado Bureau of Investigation, “C.R.S 16-23-101 (Katie’s Law)” accessed Mar. 18, 2015