Vernal, UT asked in Criminal Law for Utah

Q: I got arrested because someone put stuff under passenger seat why do they refuse to fingerprint the evidence?

It was under his seat I didn't know it was there and because I owned the vehicle they charged me I had never seen it or touched it but they won't fingerprint it I even offered to pay for them to do it. Is there someway to get it done?

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2 Lawyer Answers

A: Have your attorney get an order for independent testing. They should know how. If you don't have an attorney - get one .

A: As a caveat to Mr. Cramer's advice I would determine if the evidence is an item from which a usable fingerprint could be lifted. Depending on what the item is constructed of, the police may be refusing to test it because they do not believe they will recover any fingerprints suitable for comparison. If you are not certain fingerprints can be recovered from the item, I would consult a laboratory that obtains fingerprint evidence and inquire as to whether they believe they will be able to lift prints from the item. If they advise that the odds are low of getting any prints which will be of sufficient quality to identify, you will just be wasting your time, money, and energy having the item tested.

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