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Roger
Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 31529
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My girlfriend was walking her bicycle for support due to the

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My girlfriend was walking her bicycle for support due to the neuropathy in her feet, when a car ran her off the road. Police showed up and cited her for "riding" her bike while intoxicated. She showed up at the "arraignment" (she had not been arrested yet) and pleaded Not Guilty. She was directed to go to the jail for fingerprinting and photo. If she has not been arrested yet, does she have to go along with fingerprinting?

Kirk Adams :

Hi - thanks for requesting me!

Customer:

OK.

Kirk Adams :

Did the judge tell her to do this, or did an officer direct her to go get fingerprinted/photographed?

Customer:

The judge told her she should be "processed", then contact the public defender's office about getting an attorney.

Kirk Adams :

Ok.

Kirk Adams :

If the judge ordered/told her to go through processing, she should go ahead and do it.

Kirk Adams :

This is so because the judge has probably ordered it to be done. As a result, if she doesn't, she could be charged with contempt of court for failing to abide by the judge's order.

Customer:

She wants to know why she has to be fingerprinted before being found guilty. Is that standard process everywhere?

Kirk Adams :

Also, if she doesn't do this, the judge will likely issue a bench warrant, they'll arrest her and take her in to do this - - and she can't refuse after being under arrest.

Kirk Adams :

The judge would also likely hold her in jail for some time (a few days) until all background checks are completed, etc.

Kirk Adams :

YES, this is typical procedure.

Kirk Adams :

Any time someone is charged or arrested, they are fingerprinted and photographed mainly to make sure that the person doesn't have outstanding warrants in another state, county, etc.

Kirk Adams :

It doesn't mean that she's guilty by any means - - it's normal.

Customer:

OK. Thanks.

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