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My husband was arrested by parole for a violation. They took…

Customer Question
My husband was arrested...

My husband was arrested by parole for a violation. They took my safe and won't return my phone call on how to get my belongings back. The 30 days are about up. How can I get my property back. 2nd question my husband's parole officer is slandering my good name to tenants in my building and telling them what they found in my safe. They took safe because I did not have my key. Either my husband or son took it. I have no idea of what they could have found. Is there anything I can do for her slandering my name and telling my business to get other clients?

Lawyer's Assistant: What was the conviction for exactly? Have all appeals been exhausted?

Technical parole violation. I want to know what I can do for my personal situation with my husband's parole officer

Lawyer's Assistant: In what state did this occur?

Colorado

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 20 days ago.Category: Criminal Law
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Answered in 4 hours by:
5/2/2018
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 20 days ago
Jonathan Holson
Jonathan Holson, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 91
Experience: Associate at Martin and Wagner, P.A.
Verified

Hi, my name is ***** ***** I have been a criminal defense attorney for almost 15 years. I hope to be able to help with your questions. It is unclear to me from the facts that you provided why they took your safe. I can think of two obvious reasons. First, they seized it for some evidentiary reason. In order to do that, they would typically need some sort of warrant justifying the seizure which would require establishing probable cause before a judge. Second, they seized the safe for forfeiture because it contained some type of contraband such as controlled substances or stolen property.

To address your second question, can you tell me more about the context in which the parole officer is talking with tenants in your building about the situation?

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Customer reply replied 20 days ago
They took my safe because they found drug parphanalia that I was unaware of. They did not have a warrant, said they did not need one since my husband was on parole and aince they found drug parphanalia, it gave them the right to seize my safe because I did not have key nor did combination work because it runs on batteries. They went through my personal belongings, purse, backpack, broke open a smaller safe. Then took my other safe and left me with a piece of paper saying they seized it and would be destroyed after 30 days. They won't return my call as to where I can go to pick up the items that i knew were in the safe. My husband pawned a ring that was my mom's that was in there, I had to buy it back from a pawn shop. I dont even know if it's still in there. I haven't seen key since shortly after he got out of jail, so I am not 100 percent sure what was on there. So they should not have been able to take my safe? Also the P.O. told one of her other clients to stay away from me because I was poison. She also told him what she found in my safe that was none of his business. She talks to my husband about me like I am the spawn of the devil, she has no facts to base her slandering on. I have always been 100percent for my husband succeeding. I will not press charges against him to make their job easier. They have not given him the help he needs. Bottom line, what can I do about my safe and her slandering my name and telling other parolees I am poison and confidential information about my husband and I that I am not even aware of.
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 20 days ago

First things first, I would fine out who the parole agent's supervisor is and complaint to him/her about the parole agent's behavior regarding telling others about your business. That is not something that the agent should be doing under any circumstances. Regarding the safe, I don't know what the local rules are regarding a parolee's expectation of privacy in a locked container. Generally, parolees have a lower expectation of privacy, but I haven't heard about situations where the government can break open a locked safe. Even if they can, you should be entitled to the items in the safe that were non-contraband items. This may be an issue that you can address with the parole agent's supervisor as well. But you should have been provided documentation if they are attempting to forfeit the items in the safe that informs you how to challenge that decision.

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Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 19 days ago

Do you have any additional questions? If not, I would appreciate a positive rating.

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Jonathan Holson
Jonathan Holson
Jonathan Holson, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 91
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Experience: Associate at Martin and Wagner, P.A.

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