DoI have to let the court fingerprint me on the day of my first hearing if I’m be entering a not guilty plea?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
DoI have to let the court fingerprint me on the day of my first hearing if I’m be entering a not guilty plea?
I was arrested for possessionof marijuana. I was pulled over, they searched my car and found 2 half smoked joints. I am in court today to enter a non-guilty plea but don’t have an attorney. I am also an undocumented student. No prior arrests, charges or even traffic stops. The police couldn’t fingerprint me on the day of the arrest because their machine was broken. Should I let them fingerprint me in court? Is there a reason to reject or deny their request for my fingerprints?
Asked on July 13, 2011 under Criminal Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The answer to your question is yes--you have to let them fingerprint you. People have no right to refuse to be fingerprinted. In the first place, your fingerprints, like a photograph of you, is considered a public, not private, facet of your life; the police do not a warrant to fingerprint you, because you do not have a privacy interest in your fingerprints. Second, even if you had some privacy interest or expectation in your fingerprints, the police would, in this situate have ample grounds or bases to fingerprint you. So whether or not it would be better for you to not be fingerprinted, you have no right to say no or refuse to allow the police to do this, unfortunately.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.