Are Fingerprints Important in Galveston County?
Fingerprint evidence is still central to many investigations, even after the rise of DNA testing. In fact, being fingerprinted is a common experience when being booked into jail on criminal charges. Other people regularly give fingerprints, such as non-citizens who obtain a green card to live as a lawful permanent resident. The FBI maintains a database of fingerprints, and it’s very common for police departments to lift fingerprint samples from a crime scene and send them to the FBI for a possible match.
Fingerprints are a type of circumstantial evidence. They are not proof, by themselves, that you committed a crime. However, when coupled with other evidence, a jury might conclude you are guilty of an offense. The exact definition of evidence varies across different fields, which can influence how it is interpreted in legal contexts.
At Tad Nelson & Associates, our Galveston criminal defense lawyers have developed experience with all types of forensic evidence, including fingerprints. We can discuss the strengths and weaknesses of this type of evidence. We can also discuss your criminal charges in a free consultation.
What Are Fingerprints?
Look closely at the pads of your fingers. You will see whorls and ridges. There are also pores, which might be invisible, but which nevertheless emit sweat and body oils. These fluids can leave a fingerprint on a relatively smooth surface after you touch it.
The police can “lift” a fingerprint from a surface, like the handle of a knife or gun, a countertop, or a drinking glass. Fingerprints are also lifted from plastic bags, such as bags which contain drugs. These are examples of surfaces where fingerprints are commonly found. These prints then are compared to prints in databases, like the FBI database. The goal is to find a match.
Fingerprints can degrade over time, although new techniques help investigators judge the “age” of the fingerprint, so they can estimate when you left the print.
Because everyone’s fingerprints are different, a fingerprint is almost as good as DNA evidence at identifying a person who was holding a gun or at the scene of a crime. The history of fingerprint use in identification dates back to the late 19th century, and its meaning in forensic science centers on its unique ability to link individuals to specific actions or locations. Police consider fingerprints to be powerful circumstantial evidence. If this evidence exists, you can expect it to show up at your trial.
Fingerprints are often documented as part of the evidence collection process, ensuring that each print is properly recorded and preserved for analysis and use in court.
Even better for the state: they don’t need your permission to obtain fingerprints. It’s a standard part of the booking process.
How Fingerprints Are Formed
Fingerprints are a remarkable form of physical evidence, and their origins are rooted in both genetics and early development. Scientific evidence shows that fingerprints begin to form before birth, typically between the 10th and 15th week of gestation. During this critical period, the interaction between the ectoderm and mesoderm layers of the skin leads to the creation of friction ridges—those unique patterns you see on your fingertips. The exact shape and flow of these ridges are influenced by a combination of genetic factors and random environmental conditions in the womb, making each person’s fingerprints truly one of a kind.
This process results in patterns that remain unchanged throughout a person’s life, providing substantial evidence of identity. In the context of criminal law, the uniqueness of fingerprints means they can serve as convincing evidence when linking a person to a crime scene or object. When investigators need to provide evidence of someone’s presence, they rely on established techniques to collect and analyze fingerprints. Once collected, these prints can be compared to known samples to determine a match, and if the match is strong, it can be presented in court as powerful proof of identity. The scientific foundation behind fingerprint formation gives courts confidence in using this form of evidence to help establish the facts in a criminal case.
Explaining Away Physical Evidence: Fingerprints
We see fingerprint evidence used in all sorts of criminal cases:
- Homicide, when prints are lifted from the murder weapon
- Drug crimes, when prints are found on baggies or other drug paraphernalia
- Internet crimes, where prints are found on a cell phone
- Credit card fraud, with prints on the card used in the fraud
These are some of the most common crimes. In reality, fingerprints are used in all sorts of cases and often represent an apparent connection to the crime scene. However, the defense may attempt to challenge this connection by showing that the link is not as strong as it seems.
Will you be convicted if your prints are found at the scene or on a weapon? Not necessarily. While fingerprint evidence may make guilt seem probable, it is not definitive proof. There might be an innocent reason why your fingerprints were at the scene or on an object used in the crime:
- A crime might have taken place in the victim’s apartment. Your fingerprints are there because you have visited the residence in the past, not because you were there when the crime was committed.
- Your fingerprints could be on a murder weapon because you owned the weapon, or you touched it after discovering a dead body.
- Your fingerprints are on drug baggies because someone took the bags from your house when they were empty.
- You touched a credit card because the owner let you borrow it.
The defense may attempt to disprove the prosecution’s theory by providing alternative explanations for the presence of fingerprints and by challenging the prosecution’s statement about what the evidence actually shows. Even if the defendant has not admitted to being at the scene, the prosecution’s theory is only one possible explanation, and the defense can present opinions or evidence to support their point. Sometimes, the defense may be unable to find evidence to directly refute the fingerprint, but can still raise reasonable doubt about the prosecution’s contention.
There are all sorts of innocent reasons why fingerprints might show up near a crime scene. Their existence does not mean you were involved in a crime. A good criminal defense attorney considers every possible innocent explanation and understands that the burden of proof rests with the prosecution. The defense can justify alternative beliefs or contentions by evidencing other scenarios or by questioning the connection between the fingerprints and the alleged act. During trial, witnesses may be giving evidence, and their testimony can be evidenced by documents or other forms of proof. The act of presenting evidence in court allows both sides to attempt to show whether the evidence supports or fails to support the prosecution’s theory. And if you go to trial, we can explain away this evidence to a jury, making it clear that the apparent link is not always as conclusive as it may first appear.
Comparison with Other Biometric Methods
While fingerprints are a well-known and trusted form of physical evidence, they are just one of several biometric methods used to identify individuals. Other common techniques include facial recognition, iris scanning, and voice recognition. Each method has its own advantages and limitations, and the choice often depends on the quality of the evidence presented and the circumstances of the case. For example, facial recognition can quickly scan large crowds, but its reliability may decrease in poor lighting or if someone is wearing a disguise. Iris scanning offers high accuracy but requires specialized equipment and close proximity. Voice recognition can be useful in certain situations, but background noise or voice changes can affect its reliability.
In a criminal case, the prosecution may present all the evidence available, including fingerprints and other biometric data, to support their claim against the defendant. The defense, in turn, may challenge the admissibility of this evidence, arguing that it is hearsay evidence or that it does not meet the standards set by the federal rules of evidence. The court is responsible for determining whether the evidence is admissible and sufficient to prove the prosecution’s case. Witnesses may be called to give evidence about how the biometric data was collected and analyzed, helping the jury reach a conclusion about the truth of the claims made. Ultimately, the outcome of a trial depends on the quality and relevance of the evidence, the rules governing its use, and the ability of both parties to present and respond to the evidence in a fair and thorough manner.
We Defend Clients in the Most Common Criminal Case Crimes
The Law Offices of Tad Nelson & Associates, a company with extensive experience in criminal defense, has experience in all types of criminal cases, including theft, sex crimes, assault, and financial or white-collar offenses. You can count on our knowledge of the law to create powerful defense strategies.
Any defense begins by fully understanding the evidence against you. And this means knowing the limitations of the evidence. Courts cannot admit all evidence; it must be admissible under the Trial and Identification in Galveston County
In Galveston County, the role of the Sheriff’s Department is pivotal during criminal trials involving fingerprint evidence or other forensic identifications. Deputies and forensic specialists from the Galveston County Sheriff’s Office often appear in court to provide testimony regarding the collection, analysis, and verification of fingerprint evidence. Their firsthand accounts help establish the chain of custody and the reliability of the identification process.
During a trial, these law enforcement officers may explain how fingerprints were lifted from the crime scene, the methods used to compare prints, and the findings that support the prosecution’s case. Their testimony serves as substantial evidence and is crucial in assisting the jury to understand the significance of the fingerprint evidence presented. The presence of the Sheriff Department’s personnel in court ensures that the evidence is not only scientifically grounded but also procedurally sound, helping the court determine the truth and reach a fair verdict. A jurisdiction’s rules can significantly impact the outcome of a case. When presenting arguments in court, choosing the right words and phrases is crucial to clearly communicate your position and effectively challenge the prosecution’s case.
Fingerprints have been used in criminal trials for decades, but they aren’t always reliable. A fingerprint expert often cites only their own “experience” to claim there is a fingerprint “match.” There are very few studies that establish the reliability of fingerprints, and a good attorney can challenge the admission of this testimony. Federal courts in the U.S. follow the Federal Rules of Evidence, which set standards for the admissibility of such evidence.
Let’s Get Started!
If you were arrested, call attorney Tad Nelson. He is a board-certified criminal defense lawyer who can meet for a consultation.