Legal Question in Criminal Law in Pennsylvania
Can an individual be charged with the crime of theft by a police officer but never be taken into custody by the police? Only to be asked to bring the individual to the county correctional facility by the police officer for finger printing by a family member. Police did not want to transfer the individual because of them being in a wheel chair. Said it would be easier if I the family member took the family member to the place of processing. Is this a legal charge or even a proper protocol if an individual is charged with theft? Isn't an arrest and being taken into custody the rule or proper protocol if a charge of a crime is committed in Pennsylvania? Is this charge dismissible based upon the weird circumstances? If you get charged with a crime of theft don't you get arrested? What is going on here?
2 Answers from Attorneys
Yes. The finger printing and mug shot is done as part of the preliminary steps of an arrest. It's time for the accused to talk to a lawyer and not the police.
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