Wasn't finger printed, no picture, charges withdrawn?

[judd2401]

What is the name of your state (only U.S. law)? PA. DUI 6 months a go, high BAL, 1 car accident into a guardrail, no one hurt, was not finger printed, no picture taken, the state police drove me home, prelim court date briefly set and then withdrawn, charges were withdrawn because arresting officer went to Iraq, only after calling did I get a letter stating this, and that the charges could be pursued for 2 years, got call out of the blue last night by state police, officer seemed confused, wanted me to come over and get finger printed and picture taken, I gave him the info above, names of the DM and Sgt at the barracks that I had talked to, "I didn't have this information", hasn't called back. Saw an attorney 6 mos ago, said "let's sit on it", but wondering if I could get out of this at this point, sounds botched, any feedback? Do I need a different attorney?

 

[FlyingRon]

Nah, i agree with your attorney. There's really no action to be taken unless you get another charge and summons to a new preliminary hearing. If the witness is gone, you may have dodged a major bullet.

 

[judd2401]

Obligation to return to the police station?

Thanks for your reply, do I have an obligation to return to the police station for fingerprinting and a mug shot? Any thoughts about why they didn't do that initially? If they move forward and schedule a preliminary hearing, I'm assuming the arresting officer is not here, I was initially told he was deployed for 1 year. If I don't waive the prelim and show up with my attorney hoping the officer is not going to show, would it hurt me if in fact, the arresting office is back and shows up?

 

[BL]

I would not go to the police station , or give out any more info .

If you were to go in , any thing you say to them would be able to be entered into record .

Contact this attorney that told you to sit on it .

If they call again , tell them you will consult your attorney .

 

[FlyingRon]

It doesn't seem too uncommon in some PA jurisdictions to not fingerprint or even at times formally arrest. As long as they know who you are and where to find you they'll catch up on the paperwork at the prelim or send you an order to come in at some other time.

 

[judd2401]

. . . so?

If they call again, and I don't respond, can they come pick me up? I'm not understanding the miscommunication at the state police barracks, the officer that called seemed to have no information about the disposition of the case, was it a sneaky call? I was told by the head ranking officer that if and when the arresting officer returned, I would receive notification of a prelim, what's with the call yesterday 6 months later inquiring about whether I was actually arrested and asking me to come in for finger printing and a mug shot? I'm jumping to a conclusion that they don't legally have me, please correct my thinking, I don't want to get into even more trouble.

 

[BL]

If you go in there , voluntarily give your prints , etc . , and they start asking questions , you could incriminate yourself .

They then may not need the original officer to testify , and charges could be brought back up .

Sit tight , as the lawyer advised .

If the court wants you to come in , you will be notified .

 

[paguy88]

do yourself a favor

get caller ID and

DON"t anwser the phone to any numbers you dont reconize or that say police

I would not say w WORD to the cops....

 

[judd2401]

Was I had?

Thanks for all your replies, now I'm wondering if I was had, the cop kept asking me if I had been arrested. I thought the call and questions were odd but now that I'm getting feedback on this forum, I'm wondering if that's what they needed to bring the case forward without the arresting officer, for me to admit on tape that I had been arrested. My attorney hasn't gotten back to me yet, glad I'm not sitting in jail waiting for help and I will run all this by him, I don't plan respond to the police until I hear from him. But do you think I was tricked?

 

[JIMinCA]

Well, I can promise you the cops were not calling you to just have a friendly conversation. Everything they say and ask is with the intention of building a case against you. Avoid them like the plague. If they want you, make them come get you. If they "ask" you to come visit them, simply refer them to your attorney as you have already been advised.

 

[seniorjudge]

Q: Do I need a different attorney?

A: Totally up to you; if you don't like the one you have, fire him and hire another one ASAP.