How the Miranda Gordon Act Affects Summit County Sexual Assault Cases
The Miranda Gordon Justice for Survivors Act has significantly reduced DNA processing times for sexual assault cases in Colorado. In return, this shortens the timeline for prosecuting these cases, making it more important than ever to hire an attorney as soon as possible if you’re facing these charges or being questioned.
The experienced Breckenridge sex crime defense lawyers at Whitaker & Penix, LLC are former prosecutors with a strong understanding of police procedures and prosecution tactics in the 6th Judicial District. Attorneys Kylie Whitaker and Ehren Penix are well prepared to address this new legal landscape by performing a prompt investigation and challenging evidence as quickly as possible.
New Law Addresses the Backlog in DNA Testing
Prior to June 2025, the Colorado Bureau of Investigation (CBI) struggled with serious delays. But under the Miranda Gordon Justice for Survivors Act, crime labs must endeavor to complete DNA testing and upload the results within 60 days of receiving evidence.
This is much faster than the previous 180‑day guideline. The CBI must maintain a public dashboard tracking the backlog. The dashboard is updated every 30 days.
What the New Law Means for Sexual Assault Cases
Accelerated Case Progression
Previously, cases could stall indefinitely with DNA delays. Now, the 60‑day testing goal aims to jump‑start investigations and allow both prosecutors and defense counsel to respond in timely fashion, dramatically speeding up the case flow.
Earlier Defense Preparation
Faster DNA testing gives defense attorneys the chance to review forensic results far sooner, making it easier for your lawyer to target chain-of-custody issues and challenge lab reliability.
Enhanced Transparency
Prolonged testing delays affect defendants too. Delays in turning over evidence can be declared prejudicial if they diminish your attorney’s ability to investigate or prepare.
Regular updates via the public dashboard shed light on evidence processing. Defense counsel can leverage this transparency to ensure lab delays don’t unfairly prejudice their client’s rights, potentially filing motions where justice is being delayed.
Defense Strategies Under the New Law
At Whitaker & Penix, LLC, we adapt our defense plans to every case, and use the law to sharpen our defense strategy for our clients.
Tracking Kit Status Actively
Our attorneys:
- Monitor the CBI’s public dashboard to verify when kits are received and where any delays occur.
- Use this information in court motions or discovery letters to demand transparency and accountability from prosecutors.
Pushing for Expedited Testing
Although the law sets a 60‑day goal “when appropriate,” attorneys can:
- File discovery or motion requests emphasizing the defense’s need for timely results.
- Cite dashboard data or known processing bottlenecks to push labs and prosecutors to prioritize.
Leveraging Delays in Pretrial Strategy
If results are delayed past the statutory goal, we can:
- File motions for dismissal or accelerated timelines.
- Challenge the fairness of a prolonged pretrial period that may degrade evidence or memory.
Preparing for Expert Analysis
With faster DNA results, defense teams can engage forensic experts earlier, allowing investigations into sample contamination, chain of custody integrity, or testing procedures.
Advocating for Fair Court Scheduling
Courts must adapt to the new DNA timelines. In response, defense counsel should advocate for pretrial schedules aligned with the 60‑day testing goal, preventing unnecessary holdups.
Reasons to Choose Our Firm
Attorneys Kylie Whitaker and Ehren Penix both have experience working as prosecutors. Kylie has been recognized by Super Lawyers as one of Colorado’s Rising Stars based on peer reviews and independent research. Whitaker & Penix, LLC has an A+ rating from the Better Business Bureau.
Whitaker & Penix, LLC is familiar with how local judges and DAs operate, and we use this insight to advocate for our clients, whether that means negotiating a plea, filing a suppression motion, or preparing for trial.
We offer the following benefits for our clients:
- Action‑driven counsel: We don’t wait for labs or prosecutors; we actively track kit status and press for timely access.
- Expert network: We work alongside forensic and procedural experts to scrutinize each phase of DNA testing.
- Local influence: Our familiarity with Summit County’s courts ensures we can advocate effectively for aligned schedules and fair treatment.
What to Do If You Have Been Charged or Questioned by Police
If you are charged with or being investigated for sexual assault in Colorado, it is essential to take immediate and informed action. First and foremost, do not speak to law enforcement without legal representation. Anything you say can be used against you, even if you believe you are helping yourself by cooperating.
You should contact a criminal defense attorney immediately, preferably one who understands Colorado’s sexual assault statutes, local court procedures, and potential defenses. Your attorney can guide you through what to expect in investigations, pretrial hearings, and negotiations with prosecutors. Early legal intervention can influence how your case is charged, or whether it’s charged at all.
Avoid discussing the situation with anyone besides your attorney, including friends, family, or on social media. Statements made outside the presence of counsel can quickly become part of the investigation.
Do not attempt to contact the accuser, even if the allegations are false or confusing. This can lead to additional charges or accusations of witness tampering. Your best defense starts with professional legal assistance.
Speak With an Experienced Criminal Defense Attorney in Summit County
If you are facing a sexual‑assault charge, or if you are under investigation, the time to act is now. Let Whitaker & Penix, LLC help you protect your rights and defend your freedom!
Call (970) 368-0602 to schedule a free consultation today.