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

UPDATED: May 17, 2009

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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


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

Answered 13 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

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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