How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117361
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

while serving a 60 day sent. in the county work release i was

This answer was rated:

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.

Thank you so much for using I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and 3 other Criminal Law Specialists are ready to help you