My Uncle and his wife went to visit their son at the county jail.
Later that day he called home and asked his parents to bring him a prohibited item, and gave them instructions on how to smuggle the item, (tobacco), into the facility.
They did as instructed, hiding the tobacco in a pair of tennis shoes. They then took the shoes to the jail and turned them in to the officer on duty as inmate property.
The property was searched and the tobacco was discovered. My Aunt and Uncle were arrested immediatly and taken into custody.
My Uncle wrote a statement taking full responsibility for the incident, the officer in charge stated that they were placing them under a 72 hour investigation hold.
During that 72 hours during interrogation my unvle was informed that they would not accept his statement because they had his wife on video carrying the shoes and placing them into the hold.
They went on to explain that they also had the telephone call between the son and his mother recorded.
Both my uncle and his wife were charged with 3rd felony for bringing tobacco into a penal institution....their bond was set at $25,000 each.
The charge was later amended to 3rd felony bringing a prohibited substance into a penal institution.
My uncle had just been released from parole a month earlier.
My Aunt was currently on felony probation for drug possession.
They have been in jail for a month and a half, the case has not been filed against them at this time.
What is the range of punnishment for this crime?
They have been in jail for a month and a half, is it reasonable to file a petition for Habius corpus given this length of time?
Later that day he called home and asked his parents to bring him a prohibited item, and gave them instructions on how to smuggle the item, (tobacco), into the facility.
They did as instructed, hiding the tobacco in a pair of tennis shoes. They then took the shoes to the jail and turned them in to the officer on duty as inmate property.
The property was searched and the tobacco was discovered. My Aunt and Uncle were arrested immediatly and taken into custody.
My Uncle wrote a statement taking full responsibility for the incident, the officer in charge stated that they were placing them under a 72 hour investigation hold.
During that 72 hours during interrogation my unvle was informed that they would not accept his statement because they had his wife on video carrying the shoes and placing them into the hold.
They went on to explain that they also had the telephone call between the son and his mother recorded.
Both my uncle and his wife were charged with 3rd felony for bringing tobacco into a penal institution....their bond was set at $25,000 each.
The charge was later amended to 3rd felony bringing a prohibited substance into a penal institution.
My uncle had just been released from parole a month earlier.
My Aunt was currently on felony probation for drug possession.
They have been in jail for a month and a half, the case has not been filed against them at this time.
What is the range of punnishment for this crime?
They have been in jail for a month and a half, is it reasonable to file a petition for Habius corpus given this length of time?
