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
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.