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What happens if the police forget to fingerprint someone before the trial and they go to trial are they not obligated to identify them and follow procedures before and could the charges be dropped?
Wiki User
∙ 14y ago
If the police forget to fingerprint you, they have to drop the case. They have to follow certain protocols, and fingerprinting is a big one. The exception is if the crime is a not a felony, or the felony was longformed, (sent in the mail), in which case I believe they are required to fingerprint you beforehand anyway. You should consult a lawyer immediately, to see if your case can be dismissed. Nothing happens. The police can fingerprint you at anytime before trial. Fingerprinting is not a constitutional due process requirement like advising a defendant of the rights to remain silent, to have an attorney, to a speedy trial, to confront witnesses or even one phone call while sitting in the lockup downtown. Fingerprinting is strictly an identification and information gathering system. In fact even if the police fail to advise a defendant of his constitutional rights nothing will happen unless that failure in some way prevented the defendant from receiving a fair trial.
Wiki User
∙ 14y ago
If the police forget to fingerprint someone before trial, it can potentially weaken the prosecution's case, but it does not automatically lead to charges being dropped. The prosecution may still use other evidence to establish the identity of the individual. However, the defense could challenge the lack of fingerprinting as a due process violation, which might impact the case outcome depending on the circumstances.
Wiki User
∙ 14y agoIt is not very likely that the police would forget to fingerprint someone.
I don't think the charges would just drop if you aren't fingerprinted.
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