Daughter jailed since July 2008.court appt atty and DA aware **** task force takes her mail without a court order-is this legal?

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Daughter jailed since July 2008.court appt atty and DA aware **** task force takes her mail without a court order-is this legal?

My daughter has been incarcerated since July 2008, bail denied because of federal hold. Bound over from county court to district court within a few weeks after arrest. Other charges were filed against her after arrest, have been resolved. Went to pretrial conference May 15 2009. Other cases-3 which were **** cases, were committed this year. Judge states they have a right to a speedy trial, which occurs within 6 months of being charged. DTF had jail give them a deposition I mailed her-given by their informant, was told by jail done at DA’s request, no court order-not true, rights violated?

Asked on May 17, 2009 under Criminal Law, Nebraska

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Usually, a jail inmate does not have the same right to privacy as other people, and the jail has an interest in security that justifies reading an inmate's mail.  Whether this justifies giving a copy of that deposition to the prosecution, or keeping it out of your daughter's hands, might be a different question, though, and the fact that she is being held for trial, not convicted, could have some bearing on the answer as well.

I'd recommend that you get an independent opinion from a criminal defense lawyer in your area.  One place you can look for qualified counsel is our website, http://attorneypages.com


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