QUESTION
Arrested for a felony then released after paying bond. Was never fingerprinted/photographed or gave an ID.
Asked on Apr 28th, 2020 on Criminal Law - Colorado
More details to this question:
If a person is arrested for felony alluding and evading then released on a cash bond but never went in front of a judge or showed an ID and was never finger printed or photographed, can the prosecution prove it was actually that person and not someone else using their identity? In other words, would the prosecutions case hold up in court if they don't have evidence (other than the arresting officers eyewitness testimony) proving the defendant's identity as the person who got arrested then released?
1 ANSWER
Criminal Defense Attorney serving Boulder, CO
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Short answer to your question is that the officer's identification of you will certainly be sufficient to provide evidence the offense was committed by you. The officer no doubt got your name and date of birth, probably your drivers license or other ID. Many officers wear body cameras now so the interaction with you may have been on video. Based on what you have said, to me it is not a good strategy to rely on 'they cannot prove it was me' as a defense.
Answered on Apr 29th, 2020 at 9:55 AM