How Orange County’s DNA Bank Can Actually Help Your Case

Orange County is the only county in California to maintain its own DNA bank. For those arrested of misdemeanor crimes, the District Attorney is asking offenders to voluntarily provide a DNA sample in exchange for a dismissal of their case. This is called deferred entry of judgment.

Deferred Entry of Judgment – PC 1000

Under California Penal Code Section 1000, the judge may allow you to complete a program or satisfy other conditions (such as giving a DNA sample) without going to trial. The program allows the judge to put the charges against you on hold in order for you to complete the program. If you successfully complete the program, the judge has the power to dismiss the charges against you. This gives you the ability to refrain from disclosing your arrest for this crime to potential employers.

Eligibility for Deferred Entry of Judgment

In order to be eligible for such a program typically the judge will consider two factors:

1. The nature of the offense; and

   

2. The defendant’s criminal record or history of abuse (such as substance abuse)

Typically, the program is offered for minor offenses, such as petty theft or drug possession, but you may qualify if you are accused of other misdemeanor offenses. If you have been charged with distribution or manufacture of drugs, you will not qualify. Also, if you’ve had prior drug related convictions, violated conditions of your past probation, or were convicted of any felony within the last 5 years, you will likely not qualify.

Drug Court (PC 1000.5)

Drug court is very similar to deferred entry of judgment, in that a successful completion of a program could result in your charges being dismissed. One benefit of this program is that it does not obligate you to plea guilty in order to qualify. Additionally, you will not have to serve a jail sentence and your case will be dismissed upon completion of the program.

Cons of DNA Bank Participation

Critics of Orange County’s DNA bank program argue that it has no effect on serious or repeat offenders because it is only offered to those with no or minimal criminal records whom are less likely to commit crime.

Others argue that genetic privacy could be compromised if this information is not closely safeguarded; this information is not only extremely private but potentially very valuable to private industry. ¹

Pros of DNA Bank Participation

There are clear advantages to participation in this voluntary program. For one, it allows you to refrain from disclosing your arrest for this crime to potential employers, and there will be no trace of this crime on your criminal record. This can be vital to your career because it cannot negatively impact you when applying for jobs or seeking a professional license. However, exceptions may apply to certain jobs, such as applying to be a peace officer.

Those who promote this DNA collection program have called it a powerful tool that helps to deter future crime and also facilitate crime investigation. Advocates also emphasize that this voluntary program does not violate anyone’s rights and gives them a second chance.

Call the Skilled Criminal Defense Attorneys at Wallin & Klarich

If you or a loved one has been charged with a minor crime in Orange County, you may be eligible for a deferred entry of judgment program. Contact our criminal defense attorneys at Wallin & Klarich immediately. With over 40 years of experience, our skilled team of attorneys may be able to help you get your case dismissed through a deferred entry of judgment program.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

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