Criminal Law Questions? Ask a Criminal Lawyer.
Hello, how are you today?
So you have a friend who was arrested and charged with DUI and the officer forgot to fingerprint him?
Was he taken to the jail?
ok..honestly it was me
didnt know if this was going to get posted
I understand. just do not release any of your personal information such as your name case number etc.
It is anonymous.
How far is the county from where you live?
i was arrested dui abd i had a tobacco pipe in the car - they gave me a ticket for dui and posession of pariphenalia
about 2 hours...maybe an hour and a half
Ok. If I were you, first and foremost, get ahold of your attorney and request advice as of what to do regarding returning to the station for fingerprinting. Additionally, if you do decide to return, do not make any statements regarding the facts of the case. Simply show up, give them your name and the officer's name and get fingerprinted.
It is an odd situation as you are supposed to be fingerprinted when booked.
The question becomes, do you legally have to return to give your fingerprints, or must they obtain a warrant for your arrest.
Additionally, this would come from an agency outside of your county.
Therefore, if it was municipal or city police their jurisdiction would not reach to your county.
If it was a state trooper of South Carolina, you would be on the hook.
Does this answer your question?
it was a state trooper that took me in...but it is a county officer that called me saying he was supposed to fingerprint me
That is normal, it is just odd that the county officer forgot to fingerprint you, but released you.
can i use this
can i used this to fight the case
Or the fact that he forgot to fingerprint?
not the chat - the fingerprint issue
Yes. It shows the credibility of the officer, but it may not carry much weight. The issue at trial would be whether or not you are guilty of driving under the influence.
If this answers your question PLEASE click the accept button. If you have other questions feel free to ask!
You are welcome, best of luck, remember do not make any statements! Just fingerprints.
You forgot to click the accept button!
Please return and clickthe accept button otherwise I can not be credited for our time together.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).