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I picked up someone's possession from the jail after he gave me permission to pick it up. I want to know if I can get rid of it?

Chantilly, VA |
Filed under: Criminal defense

I went to pick up the items so that they would not be trashed. It has been since February and was expecting an address to send the items. I have not been provided and address he is currently incarcerated and not able to pick up his own things. I wanted to know if I can trash these items without any repercussions. I've sent him numerous letter asking for him to send it to me and he has not responded to me.

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Attorney answers 3

Posted

I think you mean can you get rid of this person's things without inviting trouble. You are in lawful possession of the items, and I think you have a moral obligation to keep them safe if you can, but unless you were paid or given some other compensation for keeping the items, I don't think you would be likely to be prosecuted if you were to get rid of the items.

Posted

Why don't you begin by asking this person? You've sent him letters, but are you sure he's still in the same jail? I think the fact you haven't gotten a response might be because he hasn't gotten the letters, your first step should be to verify your sending the letters the right place.

Posted

Legally, you probably would not be prosecuted for discarding the items, especially if the value of them was not that high. However, morally, you should make a good faith effort to find out what facility he is and try to return it to him, his attorney, the jail or a family member. Why invite trouble!?

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