If the police want me to sign something giving them permission to fingerprint my vehicle and I refuse what can happen?My vehicle was inpounded from my driveway saying that there was a crime commited in it and that's why they're asking permission to fingerprint it. Can they keep my vehicle if I refuse?
Never cooperate with the police without first consulting with a competent attorney. While cooperation may be advisable in certain limited circumstances, no good lawyer would ever advise this without first learning all the facts in any case and evaluating the pros and potential cons of cooperation. And you should definitely NOT share any facts here since there is no attorney-client relationship created and therefore there is no confidentiality or privilege.
There's a huge difference between having an attorney contacting the police and letting them know that it isn't going to happen and having the target of the investigation contacting the police. The difference is this -- once an attorney contacts them and lets them know that you are being represented then the police can no longer contact you directly to pressure you into saying something that they will use against you or to manipulate their will against you. Bear in mind the police run into these situations everyday and know how to force people to talk or get their consent. Only the smart ones lawyer up. Here's a huge upside -- having an attorney represent you now only costs a fraction of the cost of retaining one later after charges are filed. Before spending any additional time on the Internet, you could benefit from meeting with an attorney to discuss specific facts in an attorney-client privilege environment, which the Internet is not. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many reputable attorneys offer a free consultation. I wish you the best.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
If you refuse consent, which you should, they will need a search warrant to fingerprint at lest the interior of your vehicle. Sounds like you needed a lawyer, yesterday. There are many fine attorneys in the Stockton area. Please give Peter Marek a call and tell him that I said hello.
San Diego Criminal Defense Attorney--20 years experience--Free Consultations
They can keep your vehicle impounded for a short time while they try to get a search warrant. Remember that while searching for fingerprints, they will also keep their eyes open for drugs or other contraband. I would advise consulting a local criminal defense lawyer as soon as possible.
Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
They will keep your vehicle as long as they consider it to be potential evidence of an active investigation, or an active court case.
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