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I need a little advice. Not on my end. I just need to

Customer Question
I need a little...

I need a little advice

Lawyer's Assistant: Has anything been filed or reported?

Not on my end

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

No.....i just need to explain what happened to he/she

Submitted: 5 months ago.Category: Legal
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Answered in 6 minutes by:
11/17/2017
Lawyer: Nisha Jones,
 replied 5 months ago
Nisha Jones
Category: Legal
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Lawyer: Nisha Jones,
 replied 5 months ago

Sure, I'd be happy to help. What is this in regards to?

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Customer reply replied 5 months ago
Hello...I live in NC
Lawyer: Nisha Jones,
 replied 5 months ago

Okay, thanks. What is your legal question?

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Customer reply replied 5 months ago
My 16 old grand daughter let another student use her cell phone and the other student downloaded child porn on the the phone. The phone was confiscated at school by a teacher and I'm not sure but I am told that the police has it. They are trying to get together a case for the student that placed the porn on the phone.....but because the phone belonged to my granddaughter ...she spoke with her as well....as I said, she is only 16 and no parent or guardian was never informed of the situation....what recourse do I have?
Lawyer: Nisha Jones,
 replied 5 months ago

Are you referring to the police? ..was your granddaughter questioned by the police without her parent's consent?

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Customer reply replied 5 months ago
Only a teacher
Lawyer: Nisha Jones,
 replied 5 months ago

Okay ..when you ask about what recourse do you have ..are you wondering what can be done if your granddaughter gets into any legal trouble here?

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Customer reply replied 5 months ago
can the police legally hold the phone?
Lawyer: Nisha Jones,
 replied 5 months ago

Under NC state law, the possession of child pornography on a phone or computer is a Class H felony.

It is punishable by anywhere between 6-8 months in jail.

If convicted, the defendant must also register as a sex offender.

If the phone was confiscated by a teacher in accordance with school policy and rules, then turned over to the police once the child pornography was discovered, then there was no law broken here.

Your grand daughter can expect to get her phone back once the case is closed, until then it is considered evidence in an ongoing investigation and the police can legally hold on to it.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Lawyer: Nisha Jones,
 replied 5 months ago

Of course if your grand daughter suspects that she may be at risk of criminal prosecution as well, then her parents should look into hiring a defense attorney.

She also should not speak to the police, or answer any of their questions, without a lawyer present. Anything she says to them, can in fact be used in court as evidence against her.

I hope that helps, let me know if you still have any questions.

​Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Customer reply replied 5 months ago
Ok....is the teacher allowed to question her without a guardian or parent being present?
Lawyer: Nisha Jones,
 replied 5 months ago

The teacher is allowed to speak to her, yes. The police are actually allowed to speak to her without her parents present as well, there isn't a constitutional right to have her parents present, although it is often done as a courtesy when speaking with minors.

It's important that you let her know if she is questioned and her parents are not there, that she should let the officers know she is not willing to answer any questions with out her lawyer present.

By law, they have to stop questioning her until her lawyer is present, once she makes that request. It's also an opportunity for her to contact her parents.

I hope that helps!

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

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Customer reply replied 5 months ago
Ok......thanks
Lawyer: Nisha Jones,
 replied 5 months ago

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

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Lawyer: Nisha Jones,
 replied 5 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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