Mckinney, TX asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma

Q: My son was charged with a contraband charge for something that he was not present to see officer find during the search,

They said $800 surety bond. They had already done several searches of clothing and everything checking pockets and all. Then all a sudden a officer comes in after he been locked in a cell and says he found contraband in a pockets that we know had been searched many times. He did have my son present when he supposedly searched again. What can we do. My son refuses to be charged with a contraband charge that he knows wasn't in his property and he wasn't present during the search search.

2 Lawyer Answers

Doak Willis

  • Criminal Law Lawyer
  • Tahlequah, OK
  • Licensed in Oklahoma

A: Hire an attorney who should ask for any videos inside the jail facility showing the search of his pockets and discovery of the contraband.

William Jaksa

  • Criminal Law Lawyer
  • Toronto

A: Usually, these searches are conducted on camera, and most areas of these institutions are under constant surveillance. Hire a criminal lawyer that will request the disclosure the video surveillance from the institutions. Make sure that this request is done as soon as possible because the videos may only be stored for a short period of time before being writen over. The videos of the search will help at trial.

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