What happens if you get arrested and don't get your fingerprints or mugshot taken?

Question

Jeffrey Pollock · Answer

Then the Preliminary Hearing Order will include an order for those 2 things.

Leonard A. Kaanta · Answer

It doesn't change anything.

Jacob P. Sartz · Answer

I'd recommend you privately consult with an attorney if you need specific advice for a particular  issue. This answer only contains general legal advice. Most attorneys provide free initial consultations.  If a person is charged with a crime, they may not be actually booked and printed until they are arraigned if they were just given a ticket. Ultimately, if the matter is a misdemeanor or felony, the person charged will be booked and printed.

Michael Garber · Answer

You'll get a notice of arraignment to appear in court and enter a plea.

Terry Nelson · Answer

That's entirely up to the police and DA whether they prosecute or not.

Francis Cowhig · Answer

Failure to have your fingerprints or mug shot taken will not affect the validity of your arrest.  If you received a citation with a court date indicated on it, you must keep the court date.  The court can always order you to present yourself to the local law enforcement agency to be fingerprinted and processed.  I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest.  He/she would then be in a better position to analyze you case and advise you of your options.

James Schoenberger · Answer

Fingerprints and "mugshots" are part of the booking process and have nothing to do with being arrested.

Steven Alpers · Answer

The problem is that the fingerprinting and mugshot normally are worth credit for 24 hours in jail, so you may have to fight to get that credit if you are charged with DUI.

Michael J. Breczinski · Answer

Well then they do not have a record of your arrest but they could still charge you with a crime. You need an attorney.

James Osak · Answer

Pray for your good luck! Were you detained in the back seat of the police car -Or- were you taken to the station? Did they give you a Breathalyzer test? Need more information here. They can still always send you a ticket through the mail or hand deliver it to you or post it in your mailbox (which violates postal regulations by the way!).  Let us know if you here from them.

Mark R. Thiessen · Answer

Nothing. They can still press charges against you.

Randall England · Answer

The government may have trouble identifying you when they try to prosecute you. They may have other grounds, however, by which to identify you, such as the officer's memory,  from an ID you produced at the time, or through the testimony of other witnesses. The court may order your "booking" (photos, fingerprints, etc.) when you go to court.

Maryanne Spryszak-Hanna · Answer

Did the state police arrest you? then likely you will get a letter in the mail to go down the a state police post, turn yourself in and post bond as well give your fingerprints and take your mug shot.

Larry Dunn · Answer

If the contact with the police was truly an "arrest", the criminal records would reflect it as so. If there was a "detention" which did not result in an arrest, hence no fingerprinting or mug shot taken, the incident may not be recorded on your arrest record. It would be advisable to obtain a copy of your  criminal record to confirm what entries exist.

Jared Winter · Answer

That just means that you weren't booked. You were probably issued a citation with a court date on it.  Make sure you go to your court date. You also would be wise to consult with a local criminal defense attorney before then. If you are in the area, feel free to contact me for a free consultation.

Philip Hache · Answer

That usually means that you were cited and released, but not booked into jail.  If there is a misdemeanor conviction, the court would likely require a "book and release" after being sentenced in order to get your prints, photo, etc.

Correen Ferrentino · Answer

You could be asked to comply with a "book and release" when you go to court or if you are convicted of an offense.

Michael Palumbo · Answer

Nothing, you are still under arrest and subject to prosecution.

Mark Smith · Answer

Usually they take photographs and fingerprints. If you are not being   charged it is too late for the police to do that. If you do get arraigned the   police will ask the court to order you to the police stations to be processed   (photograph and fingerprints).

Nathaniel Shafer · Answer

The police are not required to take your fingerprints or mugshot. If they didn't take them, it is unlikely this will factor into any upcoming legal proceedings.

Stephen Freeborn · Answer

It is not required that you be fingerprinted or have a mug shot taken for a DUI charge.

Joseph Dane · Answer

I'm not sure what you're asking. Many people get arrested and released in the field on a citation (written promise to appear). They aren't booked and aren't printed.  Usually, when somebody is taken to the station or jail and booked, they are printed and photographed. It doesn't necessarily invalidate the arrest of it didn't happen - but it would be unusual.

Bruce Arthur Plesser · Answer

You're not in the national system but your case is unaffected.

Jason Savela · Answer

Sounds like you got a summons to appear in court.  If you do not, then they will issue a warrant.  If you are arrested in on the warrant, they will do all the booking procedures of which you are interested.  A summons is more like a speeding ticket - you sign it and agree to appear.

Mark Arneson · Answer

Most of the time the judge will sign a booking order at your first appearance requiring you take care of the fingerprints and mugshot.

Michael Morgan · Answer

It is not uncommon on an arrest on a misdemeanor that photographs and fingerprints are not taken.

John Brennan · Answer

Those actions may occur later, usually previous to a court hearing.  Get an attorney and do not speak to anyone about the matter except him or her.

Robert De Groot · Answer

If your fingerprints or mugshot are not taken after an arrest, you are still arrested. There is no magic answer to your question. Failing to take fingerprints or a mugshot does not invalidate an arrest.

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What happens if you get arrested and don't get your fingerprints or mugshot taken?

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