New Virginia, IA asked in Criminal Law for Iowa

Q: Daughter was arrested, she had phone ON HER. When released they kept her phone and her driver's license. No warrant

Arrested for possession. She was living with someone and the police searched his house and founds drugs. He admitted they were his. My daughter was arrested as she was walking down the street. She wasn't marandarized, she asked if she could bond out they said no, wasn't given her phone call even after she asked several times, was held 15 hours and her family was lied to when we went to the jail, they let her bond out after holding her the 15 hours. They said she couldn't have her phone or license as it was evidence. She didn't sign any paper releasing her phone to them and there wasn't a warrant allowing them to keep or search phone.

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1 Lawyer Answer
Katherine Sears
Katherine Sears
  • Criminal Law Lawyer
  • Des Moines, IA
  • Licensed in Iowa

A: Your daughter needs an attorney. If she is an adult, she should not give you more information about what happened. She should not discuss the situation with anyone other than her attorney. She will have attorney-client privilege with her lawyer. She does not have that privilege with you. Don't risk the government subpoenaing you as an impeachment witness against your child.

If your daughter cannot afford an attorney, she can submit an application for counsel at state expense. A public defender or a contract attorney will be appointed to represent her and to provide legal advice.

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