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Ask Meigs Your Own Question
Meigs
Meigs, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1346
Experience:  I have multiple years experience prosecuting and defending clients.
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Hello...i have a friend who was arrested for a DUI in a county

Customer Question

Hello...i have a friend who was arrested for a DUI in a county that was not his home county...today he receives a phone call from the police officer who is on his day off and the police officer tells him that he forgot to fingerprint him and needs him to come back to the detention center....i have tried contacting my attorney but have not been able to reach him yet - what can be done about this>
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Meigs replied 4 years ago.

meigs004 :

Hello, how are you today?

JACUSTOMER-eerd6l3v- :

good

meigs004 :

So you have a friend who was arrested and charged with DUI and the officer forgot to fingerprint him?

meigs004 :

Was he taken to the jail?

JACUSTOMER-eerd6l3v- :

yes

JACUSTOMER-eerd6l3v- :

ok..honestly it was me

JACUSTOMER-eerd6l3v- :

didnt know if this was going to get posted

meigs004 :

I understand. just do not release any of your personal information such as your name case number etc.

meigs004 :

It is anonymous.

meigs004 :

How far is the county from where you live?

JACUSTOMER-eerd6l3v- :

i was arrested dui abd i had a tobacco pipe in the car - they gave me a ticket for dui and posession of pariphenalia

JACUSTOMER-eerd6l3v- :

about 2 hours...maybe an hour and a half

meigs004 :

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.

meigs004 :

It is an odd situation as you are supposed to be fingerprinted when booked.

meigs004 :

The question becomes, do you legally have to return to give your fingerprints, or must they obtain a warrant for your arrest.

meigs004 :

Additionally, this would come from an agency outside of your county.

meigs004 :

Therefore, if it was municipal or city police their jurisdiction would not reach to your county.

meigs004 :

If it was a state trooper of South Carolina, you would be on the hook.

meigs004 :

Does this answer your question?

JACUSTOMER-eerd6l3v- :

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

meigs004 :

That is normal, it is just odd that the county officer forgot to fingerprint you, but released you.

JACUSTOMER-eerd6l3v- :

i know

JACUSTOMER-eerd6l3v- :

can i use this

meigs004 :

Whats that?

JACUSTOMER-eerd6l3v- :

can i used this to fight the case

meigs004 :

This chat?

meigs004 :

Or the fact that he forgot to fingerprint?

JACUSTOMER-eerd6l3v- :

not the chat - the fingerprint issue

meigs004 :

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.

meigs004 :

If this answers your question PLEASE click the accept button. If you have other questions feel free to ask!

JACUSTOMER-eerd6l3v- :

ok...thank you

meigs004 :

You are welcome, best of luck, remember do not make any statements! Just fingerprints.

meigs004 :

You forgot to click the accept button!

meigs004 :

Please return and clickthe accept button otherwise I can not be credited for our time together.

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