What happens if you get arrested and don't get your fingerprints or mugshot taken? 49 Answers as of June 29, 2013

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

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
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.
Answer Applies to: Michigan
Replied: 7/6/2012
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
Nothing, the charges against you can still proceed to trial.
Answer Applies to: District of Columbia
Replied: 7/5/2012
Law Office of Michael R. Garber
Law Office of Michael R. Garber | Michael R. Garber
You'll get a notice of arraignment to appear in court and enter a plea.
Answer Applies to: Louisiana
Replied: 7/3/2012
The Short Law Group, P.C.
The Short Law Group, P.C. | Shawn Kollie
The process if photographs and fingerprinting is known as 'booking'. Typically in Oregon this happens at the time of arrest, however, if that does not occur it is typically required that booking occurs after your first court appearance or 'arraignment'.
Answer Applies to: Oregon
Replied: 6/29/2012
Nelson & Lawless
Nelson & Lawless | Terry Nelson
That's entirely up to the police and DA whether they prosecute or not.
Answer Applies to: California
Replied: 6/28/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    The question is were you charged or just held and released. It is usual procedure to get the identifiers if a person is arrested, but it doesn't get you a defense if the procedure is not followed.
    Answer Applies to: Missouri
    Replied: 6/28/2012
    Universal Law Group, Inc. | Francis John Cowhig
    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.
    Answer Applies to: California
    Replied: 6/27/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Fingerprints and "mugshots" are part of the booking process and have nothing to do with being arrested.
    Answer Applies to: Washington
    Replied: 6/27/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    I wonder if you were arrested, or merely cited for a violation, and sent on your way. Without prints or mug shot, the prosecution has no prior criminal history on you, and there is no arrest record for you, regarding this charge.
    Answer Applies to: Illinois
    Replied: 6/27/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Well then they do not have a record of your arrest but they could still charge you with a crime. You need an attorney.
    Answer Applies to: Michigan
    Replied: 6/27/2012
    Steven Alpers | Steven Alpers
    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.
    Answer Applies to: California
    Replied: 6/27/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Nothing. You still have to go to court and defend the charge.
    Answer Applies to: Alabama
    Replied: 6/27/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    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.
    Answer Applies to: Michigan
    Replied: 6/27/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Nothing. They can still press charges against you.
    Answer Applies to: Texas
    Replied: 6/27/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Nothing, except you have been arrested. You still need to go to court on the date on the ticket or summons, or bail slip.
    Answer Applies to: Maine
    Replied: 6/27/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You can be given a summons or DAT (desk appearance ticket) and then if the case is not dismissed the judge will order you to be mugged and printed after the arraignment.
    Answer Applies to: New York
    Replied: 6/27/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Then the Preliminary Hearing Order will include an order for those 2 things.
    Answer Applies to: Pennsylvania
    Replied: 6/29/2013
    Law Offices of Maryanne Spryszak-Hanna PC | Maryanne Spryszak-Hanna
    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.
    Answer Applies to: Michigan
    Replied: 6/27/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    Usually fingerprinting and photographing are done for an arrest. If you are asking something more, be more specific. Did this happen to you?
    Answer Applies to: Illinois
    Replied: 6/27/2012
    Randall M. England, Attorney at Law
    Randall M. England, Attorney at Law | Randall M. England
    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.
    Answer Applies to: Missouri
    Replied: 6/27/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    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.
    Answer Applies to: Nevada
    Replied: 6/27/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    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.
    Answer Applies to: California
    Replied: 6/27/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Whether you are finger printed or not does not change the basis for the arrest.
    Answer Applies to: Illinois
    Replied: 6/27/2012
    The Law Offices of Correen Ferrentino
    The Law Offices of Correen Ferrentino | Correen Ferrentino
    You could be asked to comply with a "book and release" when you go to court or if you are convicted of an offense.
    Answer Applies to: California
    Replied: 6/26/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    You're not arrested then.
    Answer Applies to: California
    Replied: 6/26/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    When you make your first criminal appearance on the charge, you will be required to report to the police station for fingerprinting and booking. That is very common.
    Answer Applies to: Minnesota
    Replied: 6/26/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Nothing, you are still under arrest and subject to prosecution.
    Answer Applies to: New York
    Replied: 6/26/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    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).
    Answer Applies to: Rhode Island
    Replied: 6/26/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    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.
    Answer Applies to: Utah
    Replied: 6/26/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It is not required that you be fingerprinted or have a mug shot taken for a DUI charge.
    Answer Applies to: Washington
    Replied: 6/26/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    It may create an identification issue later on but there is no requirement for fingerprints or a mug shot in order to issue a criminal complaint.
    Answer Applies to: New Jersey
    Replied: 6/26/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    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.
    Answer Applies to: California
    Replied: 6/26/2012
    Bruce Plesser | Bruce Plesser
    You're not in the national system but your case is unaffected.
    Answer Applies to: Florida
    Replied: 6/26/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    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.
    Answer Applies to: Colorado
    Replied: 6/26/2012
    Arneson and Geffen
    Arneson and Geffen | Mark Arneson
    Most of the time the judge will sign a booking order at your first appearance requiring you take care of the fingerprints and mugshot.
    Answer Applies to: Minnesota
    Replied: 6/26/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    What happens with what? If you are released and later given a court date, you need to show up in court, or a bench warrant will be issued for your arrest. THE POLICE ARE NOT RETARDED. You were not released by mistake.
    Answer Applies to: Georgia
    Replied: 6/26/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You mat be directed by the court to appear for "booking". Has no effect on the case.
    Answer Applies to: California
    Replied: 6/26/2012
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    It is not uncommon on an arrest on a misdemeanor that photographs and fingerprints are not taken.
    Answer Applies to: Washington
    Replied: 6/26/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You may have to get the fingerprints and mug shot taken later if you are convicted or plead guilty. But all it means is you were issued a summons and not arrested to the point you had to post a bond to get out of jail.
    Answer Applies to: Colorado
    Replied: 6/26/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    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.
    Answer Applies to: Florida
    Replied: 6/26/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    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.
    Answer Applies to: Michigan
    Replied: 6/26/2012
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