Legal Question in Criminal Law in California

Can a probation officer read a letter to my lawyer? During a probation search at my home, a probation officer informed me he had read a letter to my lawyer that was on my computer screen. The letter had information about how I planned to plead at my court hearing. Is this a violation of my right to a fair hearing? Thank you.


Asked on 2/07/11, 11:10 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The question is whether you had a reasonable expectation of privacy in what appeared on your screen. If the probation officer was in a place where he had a right to be, maybe not. Moral of the story: If you want to keep your attorney-client communications from the police, as of course you have every right to do, hit Alt+F4 (or other appropriate key) as soon as you hear the cops breaking down your door.

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Answered on 2/07/11, 11:20 pm
Anthony Roach Law Office of Anthony A. Roach

You should at least raise this issue with your lawyer. Regardless of your probation status, I do not think that probation officers or anyone else have the right to read confidential communications between you and your lawyer.

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Answered on 2/08/11, 9:08 am


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