QUESTION
Can my sons case be thrown out if his fingerprints were not at the scene of the crime?
Asked on May 11th, 2011 on Criminal Law - California
More details to this question:
My son was arrested by a Sheriff, who obtained an arrest warrant, signed by a judge based on fingerprints obtained at a crime seen. The Sheriff told the judge the fingerprints would match my son. No fingerprints matched my son from the crime scene, the sheriff admitted to this during the trial. Should this case be thrown out, based on an arrest where a Sheriff had lied about fingerprints?
12 ANSWERS
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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It depends on the situation and I would need more details to assess accurately. Do they claim on having additional evidence against your son other than fingerprints?
Answered on Jun 10th, 2013 at 11:11 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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It appears that there was a trial in your case. Therefore, you are now at the appeal stage, assuming that your son did not win at trial. Your attorney should have raised these issues at trial. If there was a conviction, there must have been other evidence or statements in your case. You should have this case reviewed for appeal purposes. If you need an attorney to review the case for appeal, yo may contact this office for an appointment. I hope that this was helpful.
Answered on May 16th, 2011 at 2:29 PM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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Not necessarily if there was other evidence that placed him at the scene, such as eyewitness testimony, statements or admissions by your son, photos, etc. No single bit of evidence is required to find that someone was at the scene of a crime. A search warrant is issued based on probable cause, not absolute certainty. The officer was wrong about fingerprints, but in for the DA to proceed there must have been other evidence of your son's presence.
Answered on May 16th, 2011 at 10:51 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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If this was the only evidence used to build the case against your son then it is unlikely that he will be convicted. While it is possible that the case might be thrown out, it may also be the case that the judge will just find your son not guilty and resolve the issue.
Answered on May 16th, 2011 at 9:22 AM
If your son went to trial then there had to be other evidence to convict him. If he Has not been convicted contact me with more facts.
Answered on May 13th, 2011 at 12:24 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Can it? Sure, anything is possible. Will it? Obviously not, you mentioned a trial going on. He may or may not be convicted, but that depends upon what happens at trial with all the evidence and motions.
Answered on May 13th, 2011 at 12:23 PM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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Hard for me to answer this without knowing more about the case and the evidence against your son.
Answered on May 13th, 2011 at 11:01 AM
Theodore W. Robinson
A case does not get dismissed just because fingerprints are not available to prove the crime. Nor does it get thrown out if the Sheriff used fingerprints as a basis for the original arrest - unless that renders the arrest insufficient and the police developed some other proof based upon the bogus arrest. I strongly suggest you hire the best criminal lawyer nearby and fight that case strenuously. Good luck.
Answered on May 13th, 2011 at 10:50 AM
Before an accurate answer can be given to this question, I would have to review the complaint used for the arrest warrant and the police report itself. The fingerprints may be just one part of the evidence in this case. However, if there was no probable cause for the arrest in the first place, a motion to quash may be appropriate. Such a motion would have to be filed in advance of trial. For more information, contact us.
Answered on May 13th, 2011 at 9:44 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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The case sounds fact dependent and I cannot give an answer without more information. If your son is in trial I assume he has an attorney. There is a lot of case law dealing with warrants and the requirements.
Answered on May 13th, 2011 at 9:29 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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There is no way to give an answer to this without knowing a whole lot more detail. It will depend on what kind of charge the case is about and what other evidence they have that would indicate your son was guilty of the offense. I highly doubt a prosecutor would take a case to trial if there only evidence was fingerprints and they turned out not to be a match. There must be something else here and without more information, there is no way to give a clear answer.
Answered on May 12th, 2011 at 11:55 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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No, it doesn't seem like that will amount to a complete dismissal of the charges. Is it fantastic evidence on your son's behalf? Absolutely. If they clearly have an item that should, based on the facts of the case, have the true crook's fingerprints on it - and there are prints, but they do NOT match your son..... sounds like a lot of reasonable doubt to me and a not guilty verdict. That's based on this single piece of evidence, though. The entire case will have to be reviewed so this information can be considered in light of all other evidence in the case.
Answered on May 12th, 2011 at 11:14 AM