Give Us Your DNA and get a DA Dismissal/Spit and Acquit

Mods, Not sure this is in the right place. Please move where appropriate.

Last week I drove someone to court on a ticket for driving with a suspended license. Now, these aren't handled in regular traffic court. These cases are sent to the misdemeanor courtrooms and judges.

They checked in at a general window and were directed to a courtroom upstairs.

Once in the court was in session, I realized that there were many people there for offenses like: First time DUI, Petty Theft, Driving without a license, and other misdemeanor type infractions.

They called people up to the bench in groups based upon the type of case they had. For instance, the first group (one of about 3), were all for driving without a license (not a suspended license).

The judge gave everyone the spiel at the same time. You can pay this or that. You can do community service in lieu of the fine, OR you can pay 75$ and have your DNA collected for their database and receive a DA dismissal.

There were 3 groups of these types of offenders. What I noticed is about half of the people selected to have their DNA collected.

Curious, if anyone else is aware of this practice and what your thoughts are on this.

I think those people are idiots for volunteering their DNA.
Aside from that it doesn't surprise me at all.

I am curious where this is happening at.

This is total stupidity on the part of the people willing to participate it this scam.

reply to post by SWCCFAN


This was in Southern California.

The way they pitch it is that you can pay like 400$ plus in some fines or pay 75$ for the DNA collection.

reply to post by GrantedBail

In what staye, county was this? Being former LE and an officer of the court, this sounds seriously fabricated. Not calling you a liar at all, but think maybe the facts are foggy.

If I were to as people to volunteer their DNA, I would expect a great big middle finger to be flown my way, rightfully earned. This is purely horse s@#t. I offer my opinion only

reply to post by GNOarmy


It is not. It is in Southern California. Look it up for yourself. In Orange County to be exact in the Newport Beach Division of the Superior Court.

Ah, I did your work for you. Link It is being dubbed "Spit and Acquit".

I accept your apology.

reply to post by GrantedBail

Absolutely amazing. These people need their heads examined. People have been so brainwashed in believing that giving up just a couple of constitutionally protected rights is okay. What dumb@$$e$!

Slippery slope, this is hardly voluntary.

Lets see Misdemeanor on your rap sheet, or permanently catalog your dna.

Whole thing seems ripe for abuse...

However, one Orange County lawyer who asked not to be identified because of possible harm to clients, told of a person with a long felony rap sheet who was offered and accepted the DA's deal to pay $75, give a DNA sample and go free.
In another case, the lawyer said someone who had a doctor's certificate to use medical marijuana was arrested but didn't have the physical certificate and therefore was charged with possession.
Normally, the lawyer said, such defendants simply take the certificate to court and the district attorney would move to dismiss the case. But in this instance, according to the lawyer, the DA's office insisted on the defendant agreeing to offer a DNA sample, which the defendant obliged.

Right...

reply to post by benrl


It is voluntary but very coercive. Pay a whole bunch of money and have a ding on your record OR pay 75$ for the collection of your DNA and have your case dismissed.

There are people for the purposes of their driver's or professional licenses that will opt for the DNA/Dismissal. Also those that can't afford the fines. And in California they have added crazy penalty assessments that go straight to the state. I can't remember exactly what the Judge said but it was like 600% of the fine.

So if your fine was say 368$ normally, the State of California adds on these assessments that turns your fine into like 1200$. Or something like that. Now this is not for regular traffic tickets. This is for misdemeanor offenses.

GrantedBail
reply to post by benrl

 

It is voluntary but very coercive. Pay a whole bunch of money and have a ding on your record OR pay 75$ for the collection of your DNA and have your case dismissed.

There are people for the purposes of their driver's or professional licenses that will opt for the DNA/Dismissal. Also those that can't afford the fines. And in California they have added crazy penalty assessments that go straight to the state. I can't remember exactly what the Judge said but it was like 600% of the fine.

So if your fine was say 368$ normally, the State of California adds on these assessments that turns your fine into like 1200$. Or something like that. Now this is not for regular traffic tickets. This is for misdemeanor offenses.

Well just more reasons for me never to return to the Nazi police state that is California.

Funny all that tax revenue and still some of the worst state budgeting out there...

reply to post by benrl


Wow. Did we have to make it about state politics? Our governor just vetoed that gun control bill. We have the 13th biggest economy in the world. Where is there better weather than in Southern California. We pay taxes but we do have excellent infrastructure for the most part.

I don't get the big hard on for California people have.

Maybe it is because they can't afford to live here??

Ok this needs to be reported immediately. I'm not sure where but go because you dont mention the nature of the reason (medical/psychological/etc) - but go to your local university and ask. Any experimentation has ethical guidelines in place. People cannot be forced or coerced into any type of experiment. Payment can be received but there are guidelines under monetary rewards and this isn't one of them. This is a Judge he should know better.

Did he give reason he needed this- purpose? Did he explain it all - benefits, risks, etc? Even if he did it still isn't enough - did they sign a consent form? Where within that consent form did it state people could opt out without fear of punishment? I hope they got copies because that is coercion. It is hugely against the law.

Don't stop if someone does not know where to send you. This has to be reported. It is against the law unless there is something new out there that states coercion is now allowed in human experimentation. Find out the nature of this and contact an IRB board for human experimentation in California. Call you Universities. In California people will want to know about this in research circles.

Edit - I just saw your link to the reason for this - to catch old criminals whose DNA is in the system. I still think an IRB board needs to review this practice. If they have used this for absolutely anything else they will have to contact every person, and lawsuits will be filed I'm sure. They can investigate and see if these samples have gone further than a database for a quick check against past criminals. What is done with it afterwords to protect if from further use? What safeguards are in place? This is a slippery thing this Judge is doing. Anyone uses even one sample for a lab thing or otherwise it is his butt. Attorneys are usually afraid to speak up because they have to deal with the Judge all the time. Someone needs to ask for an investigation.

In So.Cal they routinely allow spit for dismissal.

Just better hope they can't connect you to some murder.

Collect everyone's DNA....makes crime fighting a lot easier.

reply to post by whyamIhere


It appears so but if it will be fought anywhere it will be California. People will get fed up. It violates at least one right - the 5th. So technically if anyone who is wanted for a serious crime even agreed to this (who would - I'm sure there are some though), it could equate to self incrimination.

GrantedBail
reply to post by benrl

 

Wow. Did we have to make it about state politics? Our governor just vetoed that gun control bill. We have the 13th biggest economy in the world. Where is there better weather than in Southern California. We pay taxes but we do have excellent infrastructure for the most part.

I don't get the big hard on for California people have.

Maybe it is because they can't afford to live here??

edit on 22-10-2013 by GrantedBail because: (no reason given)

Simple, I lived there all my life, and btw I can afford it fine doesn't make living there smart.

If anything the Benefits to the ratio of expenditures in Cali is absurd.

Biggest Boon my family ever has seen was moving the hell away, and I guess if people like me making low 6 figures where miserable. I can only imagine people with less resources.

reply to post by benrl


What is not smart about living in California. I don't get it. I have lived here all of my life and do not understand that philosophy.

GrantedBail
reply to post by benrl

 

What is not smart about living in California. I don't get it. I have lived here all of my life and do not understand that philosophy.

Well travel some, burst that Californian bubble.

Its elitist attitudes like "Maybe it is because they can't afford to live here?" that make people hate californians as much as they hate California. Or the thought process that can't fathom why anyone wouldn't like california...

Seriously, when I first moved, I had people shouting at my car to go back to California, as a Californian I am well aware what we are to the rest of the country, what Americans tend to be to the rest of the world when they travel.

Hey but atleast it aint florida right?

reply to post by GrantedBail

This was in Southern California.

AHH

that explains it. Hell....

I cant say I am surprised. Southern cali...pfft.

reply to post by benrl


I said that in defense. I am burnt on all the bull everyone always spews about California. I am not an elitist. I was just po'd. I see it weekly around here and frankly, it is getting old. Hey, there are many ghettos here in California, especially when you get into the central and eastern part of the state. You can live there for just a little bit more than most places in the US. But the weather sucks, there are meth labs everywhere, and you need to pack a firearm to go to the market.

There is no place like Southern California to live. Sorry.

reply to post by GrantedBail


I was going to guess that it was in CA. I can't say that I am surprised by it. Ignorance seems to be a highly successful commodity there.