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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16045
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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my daughter had a drug problem and she has dealt with it for

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my daughter had a drug problem and she has dealt with it for along time, anyway, my brother in law got a package delivered to him from fedex in his sons name, it had her address on it but was delivered there. He took it to the police dept and turned it in claiming my daughter did it, that is the only thing he has to say it is the address, yes it was something she took but it was not hers. I have searched the house her car etc and there is nothing here nothing on her computer or hard drive nothing to connect her to it and my brother in law is the one that signed for it. Can they arrest her on just that?? This is serious what should we do ?? I don't want her in jail she has never been in trouble in her life nothing just one speeding ticket in 21 yrs thank you. Lonna Giberson
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Daniel Solutions replied 5 years ago.
In what state do you live?
Did the package have your daughter's name on it or the son's name?
Do they live in the same house? Why would Fed Ex deliver a package to a different relative address?
Customer: replied 5 years ago.
No it did not have her name on it or anything else, I have no idea why it was delivered to them and not the address on it. they live a mile down the road from us so that is weird.
Customer: replied 5 years ago.
<p>also the package as addressed to his son at a diffrent address and he opened it can he do that anyway??? Just thinking about it all I do lately. I just wanted to put that in also. Thank you , Ms. Giberson.</p><p> </p>
Customer: replied 5 years ago.
<p>also the package was addressed to his son at a diffrent address then were it was delivered and he opened it can he do that anyway??? Just thinking about it all I do lately. I just wanted to put that in also. Thank you , Ms. Giberson.</p><p> </p
Customer: replied 5 years ago.
No my daughter and nephew do not live in same house he signed for it knowing it was not addressed to his home address and opened it with our address on it and not his name on it. I thought that was illegal actually fedaral crime?? Is that true? Can they use the word of him that she did it without proof of it? Nothing but the address here, and we did not sign for it he did. And he went to the police because he assumed that this was her doing and used the package he opened and signed for as evidence I guess I need to know if they can arrest her.??And if he did it illegally can they do something to him for it??
Expert:  Zoey_ JD replied 5 years ago.
It is significant to me that the name of the recipient on the package and the address on the package do not match and that FedEx delivered it to the wrong address. That suggests to me that the entire incident may have been a sting operation. State or Federal narcotics agents do sometimes impersonate FedEX, USPS, or UPS carriers, drop off a package, and then come by later on with a warrant to search the premises. You've never said as much, but I imagine the package contained a controlled substance.

If the package was a legitimate FedEx package, (or for that matter, if it's police arranged) the sender should be traceable. Your nephew was right to turn the contraband over to the police because possession of it is a crime. I would note that your nephew's feeling that your daughter may have had something to do with it doesn't seem to be of interest to the police, (who may well even know better). If they believed that your daughter may have been behind this, they'd already have the probable cause to arrest her. And they haven't done so.

If your daughter is called to the precinct to give information about this, if it is at all possible, she should absolutely talk to a lawyer first before going over to speak to them. If she's not called in, just leave it alone. Do NOT go stirring a pot if nobody is looking to bother your daughter. She may not even be a suspect. Don't do anything to make her one.

As for the lawyer, Legal Aid works on behalf of people who can't afford attorneys. However, in some states Legal Aid only handles civil law. Criminal cases get done through the local public defender's office. The criminal court clerk could give you that number if you couldn't find it listed.

Good luck!
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Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16045
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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