Palestine, TX asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Texas

Q: can personal possesions legally signed for and released from jail then 2-3 days later ask person to return as evidence

i picked up my fiancee personal possesions and signed for them an jail released them to me 2-3 days later investagator ask if i ring cell phone ack due to it was to e put in evidence locker but as not and released with personal possessions can that be done legally without telling me that i did not have to release it with no warrant for phone and they try to use as evidence ? i understand that once property been released by jal legally signed for cant be used in ourt is this true ? and if it is all evidence they have and theres no proof can case e thrown ou harges dropped and they get out of jail because not indicted for 2 months ?

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: If the person has been in jail for 2 months then they almost certainly have a criminal defense attorney who you should be speaking with about this situation. The attorney will figure out what to do about the "chain of custody" problem that the property release may have created for the prosecution.

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