Notice To Appear For Fingeprinting

i have not gone to court yet but they have already sent me something in the mail that says i need to get fingerprinted and photographed. does this mean im going to be in the system for good? or does it mean i have already been convicted?

I am still confused as to what an arrest is. I was not taken into the police station. The cop came and took down my information to give me a court date but that was all.

No it means your going to be booked

what do you mean by booked? is it considered an arrest?

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Quoting hiccupy

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i have not gone to court yet but they have already sent me something in the mail that says i need to get fingerprinted and photographed. does this mean im going to be in the system for good? or does it mean i have already been convicted?

I am still confused as to what an arrest is. I was not taken into the police station. The cop came and took down my information to give me a court date but that was all.

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A notice to appear which is NOT an ORDER is just that, a request.

Have they told you a warrant has been issued for your arrest OR were you issued a summons already?

If no to the above, you have to decide how you want to approach this matter.

In CA the court may issue a summons demanding - among other things - the defendant report for booking prior to his court appearance. Failure to do so usually results in a remand into custody on the hearing date or an arrest warrant being issued.


- Carl

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Quoting hiccupy

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i have not gone to court yet but they have already sent me something in the mail that says i need to get fingerprinted and photographed. does this mean im going to be in the system for good? or does it mean i have already been convicted?

I am still confused as to what an arrest is. I was not taken into the police station. The cop came and took down my information to give me a court date but that was all.

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What state was this, and who sent you this notice?

- Carl

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Quoting cdwjava

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What state was this, and who sent you this notice?

- Carl

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Carl, I see now from this other thread, he was already issued a summons (I assume), as he said he was given a court date?

http://www.expertlaw.com/forums/showthread.php?t=45925

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Quoting BOR

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Carl, I see now from this other thread, he was already issued a summons (I assume), as he said he was given a court date?

http://www.expertlaw.com/forums/showthread.php?t=45925

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At least in my state, the court can send a notice of booking to the defendant. If the defendant fails to comply, they will usually be whisked away to the jail to complete the process prior to the hearing. It's not likely an option - it's very likely that whatever state the OP lives in requires this booking before the court can proceed. So, he ignores the notice at his own peril.

- Carl

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Quoting cdwjava

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At least in my state, the court can send a notice of booking to the defendant. If the defendant fails to comply, they will usually be whisked away to the jail to complete the process prior to the hearing. It's not likely an option - it's very likely that whatever state the OP lives in requires this booking before the court can proceed. So, he ignores the notice at his own peril.

- Carl

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Agreed. I was wondering before I read the other thread just under what authority this so called request fell under?

I don't have the USSC case in front of me, but I do know "warrants' can be issued to compel the person to submit to fingerprints, even before any arrest/summons and simply as a suspect.

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Quoting BOR

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Agreed. I was wondering before I read the other thread just under what authority this so called request fell under?

I don't have the USSC case in front of me, but I do know "warrants' can be issued to compel the person to submit to fingerprints, even before any arrest/summons and simply as a suspect.

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It's in the form of a summons out here ... and, if no summons, then a misdemeanor citation can indicate that booking is required.

Our citations have a checkbox for "booking required" and this will signal the court that the defendant has not yet been booked (photographed and printed).

PC 853.6(g):

(g) The officer may book the arrested person prior to release or
indicate on the citation that the arrested person shall appear at the
arresting agency to be booked or indicate on the citation that the
arrested person shall appear at the arresting agency to be
fingerprinted prior to the date the arrested person appears in court.
If it is indicated on the citation that the arrested person shall
be booked or fingerprinted prior to the date of the person's court
appearance, the arresting agency at the time of booking or
fingerprinting shall provide the arrested person with verification of
the booking or fingerprinting by making an entry on the citation.
If it is indicated on the citation that the arrested person is to be
booked or fingerprinted, the magistrate, judge, or court shall,
before the proceedings begin, order the defendant to provide
verification that he or she was booked or fingerprinted by the
arresting agency. If the defendant cannot produce the verification,
the magistrate, judge, or court shall require that the defendant be
booked or fingerprinted by the arresting agency before the next court
appearance, and that the defendant provide the verification at the
next court appearance unless both parties stipulate that booking or
fingerprinting is not necessary.

I have seen defendants taken out of the courtroom and remanded into custody for booking when they have failed to heed the notice from the court or the agency advising them of this.

- Carl