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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My daughter was arrested on a minor charge and had the phone

Resolved Question:

My daughter was arrested on a minor charge and had the phone she was using taken by the Police. The Phone contract is in my (Father's) name and I pay the direct debit from my bank account so essentially it is legally my phone. How can I get it back from the Police please.
Thank you
Colin
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are they using it is as evidence?
Customer: replied 2 years ago.

Yes they want to examine it for messages she sent to my Sister

Expert:  Jo C. replied 2 years ago.
Thanks.
I am sorry but it is bad news.
This phone has been seized in the course of a police investigation. It doesn't matter to whom it belongs. It has been seized for investigation and there is no way of preventing that.
They will return it in the end when the case is at an end because it is a lawful item per se. However, it will be with the forensic lab for analysis and they are able to do that I'm afraid.
I am very sorry but I can only give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi,

I thought as much, though the investigating officer said that they would only need it for 2 weeks and that was about 4 weeks ago so I suppose we have to wait until the forensic lab have finished with it?

It is a really stupid police time wasting investigation. My Daughter who is at Uni went to Spain for the summer to work for my Sister and she was only paid £500.00 for 3 months hard work cleaning Villas instead of at least the Spanish minimum wage of about £2500.00. My Daughter is alleged to have ordered some goods online and used my Sisters account. I know my Sister has got her money back and most of the goods where refused delivery (not even at my Daughters address) she also made no attempt to contact me or reply to my emails when I asked her to speak to me to try and sort it out. Now my Sister has made a false statement to the Police saying that she spent about 2000 euros on her board and lodgings?? I am 99% sure that this is going nowhere but very frustrating and scary for my daughter.

Expert:  Jo C. replied 2 years ago.
The delays at the lab are horrendous.
If you want my honest opinion, all these family disputes are a waste of money. If they need to be litigated upon at all then they should be in the family court. If you daughter did this then that is clearly a grievance but it isn't really something the reasonable person would report to the police about a member of their own family.
Customer: replied 2 years ago.

Exactly, my brother got me to buy him some wood on my account 17 years ago and never paid. I asked a couple of times for the money and then just forgot about it even though at the time we were very hard up and in quite a bit of debt. I didn't even fall out over it Life is too short. Ok thanks for you time at least i can now tell my Daughter that i have spoken to an expert lol.

Thank you Jo

Expert:  Jo C. replied 2 years ago.
Yes, I completely agree.
In 1996 my cousin used my car without permission. I just didn't make a song and dance about it and waste taxpayer's money. We sorted it out internally just as families should.
Jo C., Barrister
Category: Law
Satisfied Customers: 69512
Experience: Over 5 years in practice
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