Posted On: September 17, 2009 by Shouse Law Group

Your DNA -- Orange County's "Get out of Jail Free" Card

The Orange County District Attorney’s Office is now accepting your DNA…and, in exchange, will drop your criminal charges.

According to The Los Angeles Times, which reported on this subject in today’s edition, if you are arrested for a nonviolent misdemeanor (which include most DUIs, petty theft, and trespassing) or a low-level drug possession felony and agree to give a DNA sample, the DA won’t file charges.

Currently, Orange County has one of the most aggressive programs for collecting DNA samples from convicts in the nation. This, however, is the nation’s first program where samples will be collected by those who have only been arrested for such a crime.

What’s interesting is that police and defense attorneys both oppose the program…but for very different reasons. Cops argue that those arrested shouldn’t be released before they go through the criminal court process. Defense attorneys object to prosecutors pressuring those who haven’t been convicted of a crime to give the government a DNA sample.

Although the program is quite controversial, the Orange County DA insists that it is advantageous for both sides, as it relieves an overcrowded, overburdened criminal justice system. In order to participate in this program, you will need to pay a $75 administrative fee.

Perhaps one of the most noteworthy issues raised by this article is the fact that Orange County’s DNA database is maintained by its local government (as opposed to one run by the state or the FBI). This means that O.C.’s lab isn’t subject to state or federal guidelines that are designed to prevent DNA profiles from being misused. What’s worse is that this particular laboratory isn’t even run by an accredited crime lab.

If arrested for a crime in Orange County, you should immediately consult with an Orange County criminal defense attorney before deciding whether to submit to this testing.