Legal Question in Criminal Law in Colorado

So, let's say an individual is a suspect in a statutory rape case where the girl is pregnant. Said act was 4 months prior to the police report being filed. The suspect exercises his constitutional rights to remain silent and doesn't overtly cooperate with law enforcement. Suspect is also on the sex offender registry. Would the investigators use the DNA bank first to establish paternity or would they bank on the idea that the suspect will voluntarily donate DNA to be tested.

Notes on case: No contact has been established between suspect and investigator. Investigator is aware that suspect is exercising his constitutional rights. Request to voluntarily undergo paternity testing has been denied by suspect.

Will the investigator go to the DNA bank? What is that procedure? If the results come back positive, will the investigator then get another sample to establish physical evidence? If the result is negative, will the courts give the investigator the order or subpoena to retest with suspect's DNA directly from the suspect?


Asked on 11/30/11, 3:28 pm

1 Answer from Attorneys
Damon Cassens Waters, Kubik, and Cassens

They won't care wether or not you consent to testing. They can either get it from the bank or get an order (41.1) for identification, or wait for paternity testing and get it that way. You can be forced if they get an appropriate court order.

Ultimately, they will probably get post-filing samples and run them to make sure that T's are crossed and I's get dotted. Of course, if the intitial results are negative, they've got PC issues.

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Answered on 11/30/11, 3:41 pm


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