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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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while serving a 60 day sent. in the county work release i was

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while serving a 60 day sent. in the county work release i was caught with a cell phone and sent back to the jail where i was found guilty and givin 10 days D.D. (hole) now that im released the property and evidence dept wont give my phone back when asked why i was told it was because they were still deciding wether or not to file charges so my question is 1 can they do that and 2 how do i get it back
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Legally, under KS law, a cell phone is "contraband" in a jail or prison facility. They are allowed to confiscate and hold and even destroy any contraband at the discretion of the warden. It is also a criminal offense to possess any contraband in jail/prison so the phone is indeed evidence as well. The possession of contraband in any jail or prison facility in KS is a level 6 non-person felony, which is punishable by 5 to 7 years in prison and a fine of $1000 to not more than $25,000, so as you can see it is quite a serious offense.

You would have to wait to make a request to recover your property after the DA decides whether or not they are going to prosecute you for the possession of the contraband in the prison.




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