ATTORNEY ADVERTISING
Published on:

WILL THE POLICE TAKE YOUR FINGERPRINTS IF YOU ARE ARRESTED?

New York State law requires, with some limited exceptions, that the police take one’s fingerprints when one is arrested for (1) a felony; (2) a misdemeanor defined in the New York State Penal Law; (3) a misdemeanor defined outside the New York State Penal Law if the misdemeanor would be a felony because the individual has a prior criminal conviction (For example, a first time DWI is a misdemeanor found in the Vehicle and Traffic Law – not the Penal Law – and therefore one arrested for a DWI is not subject to mandatory fingerprinting.

However, a DWI can be charged as a felony if the individual has a prior DWI conviction within the previous ten years. In such a situation, the individual would be subject to mandatory fingerprinting); or (4) Loitering for the purpose of engaging in prostitution under Penal Law 240.37(2)(which is a violation unless the individual has a prior conviction for violating Penal Law 240.37(2), Penal Law 230.00 (Prostitution) or Penal Law 230.05 (Patronizing a Prostitute in the Second Degree) in which case a violation of Penal Law 240.37(2) is a B misdemeanor.) [See CPL 160.10(1)].
Furthermore, the police may fingerprint an individual they arrest for any offense if the police (1) are unable to ascertain the individual’s identity; (2) reasonably suspect the identification given by the individual is not accurate; or (3) reasonably suspect that the individual is wanted by law enforcement for the commission of another offense. [See CPL 160.10(2)].

For more information about this or other criminal law issues, feel free to contact us toll free at 1-888-ANY-CRIME or visit us on the web at www.888AnyCrime.com.