If you have been fingerprinted in the past, your fingerprints are in the system as part of your criminal history. Fingerprints are often used in criminal cases as evidence. Therefore, it is important to understand what you should do if you are asked to consent to being fingerprinted.
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What Should I Do if the Police Ask Me to Provide My Fingerprints?
If you are asked to provide your fingerprints before you are arrested, do not consent. Officers may be fishing for proof of who was at a crime scene. Even if the officers tell you they are trying to rule you out, it is better to speak with a San Diego criminal defense attorney before consenting to provide your fingerprints.
Be cautious when dealing with the police. Officers might try to get your fingerprints in other ways. For example, officers can get your fingerprints if you drink from a soda can or glass and leave it on the table. Police officers may also dig through the garbage to find an item with your fingerprints.
Call an attorney immediately because the police officers may ask a judge to order you to provide your fingerprints. Continuing to refuse to be fingerprinted could result in contempt of court. Your attorney protects your rights while obeying court orders to avoid additional criminal charges.
What Types of Fingerprints Are Used in California Criminal Cases?
Most people do not know there are three types of fingerprints law enforcement officers may collect from the crime scene. The three types of fingerprints used in a criminal case are:
Latent Fingerprints
A latent fingerprint is not visible to the naked eye. A latent fingerprint is left on a surface by the oils and sweat on a person’s fingers. Law enforcement uses a physical or chemical process to “lift” the prints to make them visible on the surface.
Patent Fingerprints
Patent fingerprints are also found on surfaces. They are left when someone touches a surface with their fingers. The prints are visible and can be photographed to capture the detail without using chemicals.
Plastic Fingerprint
A plastic fingerprint is a three-dimensional print left on a soft surface. The surface allows the finger to create a mold showing the ridges of the finger. Examples of materials that might create a plastic fingerprint include tacky paint, melted plastic, and soft wax.
Police officers take photographs of plastic fingerprints. They may also use silicon-type material to cast the fingerprint.
Analyzing Fingerprint Evidence From a Crime Scene in a California Criminal Case
Law enforcement officials gather fingerprints at a crime scene to identify who may have been at the scene when the crime was committed. They may use fingerprints to search for people through the AFIS system. The officers identify people of interest or suspects by using fingerprints.
Fingerprints may also be used as evidence in a trial. The prosecution may use fingerprints to put a defendant at the crime scene. Fingerprints do not prove the defendant committed the crime. However, the prosecutor may argue that the defendant was at the scene, so they had the opportunity to commit the crime.
The defense may argue that the fingerprint does not belong to the defendant. If so, experts may testify and offer opinions to assist the jurors in determining whether the fingerprint belongs to the defendant.
Challenging Fingerprint Evidence in a Criminal Case
Your fingerprint does not change during your life. Your fingers have distinct patterns that identify you. Even twins have different fingerprints. Therefore, matching a fingerprint gives the prosecution strong evidence you were at a crime scene. However, your attorney may challenge the fingerprint evidence on several points.
Lack of Matching Points
An expert or police analyst may testify that the fingerprint at the crime scene matches your fingerprint. However, they may explain that the fingerprint is yours. Instead, they may state that both prints share common characteristics. Your attorney may argue that the matching points are insufficient to conclusively identify the print as your fingerprint.
Fingerprint experts often disagree about the number of points that must match to state without a doubt that a print belongs to a specific person. For example, some experts might require 20 matching points to conclusively state a fingerprint belongs to someone. Other experts may find a match with less than 20 common points.
Police Misconduct and Errors
Law enforcement officers must follow specific procedures for gathering evidence. If police fail to follow the procedures, a defense attorney may attack the evidence. Evidence must also be maintained so there is no contamination and a clear chain of custody.
Dating Fingerprints
Matching fingerprints to someone at a crime scene does not tell you when the person left the fingerprint at a crime scene. It is nearly impossible to determine the age of a fingerprint. The defense may argue that the defendant was at the scene several weeks before the crime. Therefore, the fingerprints at the scene do not prove the person was there when the crime occurred.
How Can a Criminal Defense Attorney Help Me if I’m Arrested Because the Cops Have My Fingerprints?
In addition to challenging fingerprint evidence, a skilled criminal defense lawyer will investigate the charges against you. They will analyze the evidence in your case to develop one or more defense strategies. If your case goes to trial, your attorney will aggressively challenge the evidence presented by the prosecution. Your attorney will also work to create reasonable doubt by introducing evidence that creates a different scenario than presented by the prosecution.
Attorneys also work to negotiate a fair plea agreement. Sometimes, a plea deal is the best way to resolve criminal charges. An experienced criminal defense lawyer will negotiate to reduce the charges and the sentence as part of the plea bargain.
Your attorney will discuss all options with you, including the chances of winning at trial. Whether to go to court or accept a plea deal is your decision.
Get Help With Your Criminal Defense in San Diego, CA
If you have been charged with a crime or are under investigation, hire an experienced San Diego criminal defense lawyer. Call Blair Defense Criminal Lawyers for a free consultation with an attorney at (619) 357-4977.
