Currently, in the Weld County cities of Frederick, Hudson, and Berthoud, if someone is arrested on suspicion of a felony, they will automatically have to submit DNA to the arresting police officers. This law has been in effect for over two years and applies to arrests of all crimes that would be considered a felony, including First Degree Assault (CRS 18-3-202), First Degree Burglary (CRS 18-4-202), and Menacing with a Deadly Weapon (CRS 18-3-206).
In addition to sheriff’s deputies taking your fingerprints and a mug shot, they will require you to surrender a DNA sample which will then submitted to a national database which catalogs all such DNA samples. People have argued that this is a violation of privacy and a violation of human rights to make DNA sampling mandatory upon arrest of a felony crime. Critics have also stated this law, known as “Katie’s Law” carries an assumption of guilt, when clearly our government declares that everyone is innocent until proven guilty. Police officers make mistakes. District Attorneys make ill-informed decisions. False allegations occur in the criminal justice system.
If you are arrested on suspicion of having committed a felony crime, be prepared to give a DNA sample. Even though some people see this as an invasion of privacy or as presumed guilty before anything has been proven, Colorado does indeed practice Katie’s Law. Since the DNA is collected upon arrest, it will be turned in to the database regardless of a dismissal, conviction, or a guilty plea. It is your responsibility to petition to have it removed if your charges are lowered or dismissed.
If police contact you because of suspicion of committing a felony crime, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.