Q: Is it possible to use an illegal search and seizure defense when you are currently on parole?
My fiance is being charged with 1stDegree Possession from evidence found during an illegal search, however he is on parole. What are the odds of him beating this case?
A: Saying the search was illegal or unlawful is conclusory. You don’t provide enough information here to conclude that the search was impermissible. Folks on supervised release (aka parole) have a lower expectation of privacy and consequently fewer rights. He needs an attorney and to consult with someone directly.
A: On the one hand, a person on Supervised Release from prison (fka parole) may have diminished rights related to a search by their Supervised Release Officer. But on the other hand, if a person is facing a new charge, their constitutional rights are generally not diminished at all when it comes to search and seizure in that new case. And a conviction on a new charge is often the triggering "violation" that threatens to send them back to prison. But the question does not provide enough info for good answer. So call a criminal defense lawyer for a dialogue.
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.
