Colonial Heights Prisoners’ Rights Lawyer

If you or a loved one has faced time in jail or prison, you may feel incredibly frustrated at how civil rights can be regularly violated. You may believe that in the United States of America, the right to be “innocent until proven guilty” is always respected. But that is often not the case. 

The truth is that many men and women who are in jail or prison face conditions that would be shocking to most people. Even when prisoners or those who are in jail have earned their sentences, the punishments passed down through the courts and after the sentencing phase are often unfair and unjust. 

A prisoners’ rights lawyer at the Commonwealth Law Group can ensure that your or your loved one’s rights as an incarcerated person are protected. Call us today to see how we can help you.

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Common Examples of Prisoner Abuse

Movies and television often depict prisoner abuse. In these cases, people can get away with violations of constitutional rights that run afoul of freedom and decency. While no one should get away with these kinds of human rights violations, those who wear a prison guard uniform often manage to skirt the law.

Examples of prisoner abuse can include:

  • Mistreatment by guards
  • Beatings and other physical abuse
  • Withholding rightful commissary items
  • Withholding rightful visits from loved ones
  • Failure to prevent inmate violence
  • Starvation
  • Sexual abuse by prison guards or other inmates
  • Psychological abuse
  • Racial discrimination

Prisoner abuse can happen even in places where cameras are in place for protection. You shouldn’t have to suffer mistreatment that comes at the whims of those who wield the power. The Commonwealth Law Group is ready to help if you or a loved one has been subjected to ill-treatment while incarcerated.

Getting Help for Those in Need

Obtaining help for those who are behind bars can be frustrating. Speaking to people in charge of jail or prison facilities may leave you feeling more upset than ever.

Oftentimes, guards behave as if people who are incarcerated have been convicted of wrongdoing. But this may not be the case. Many people who are incarcerated in jail facilities are simply awaiting due process. But their treatment from guards would make one think they had been convicted by a jury of their peers, even though they may simply be awaiting adjudication.

FAQs

You may think that you understand your rights. But once you become an inmate, the issue becomes more complicated. Because of our vast experience, we have in-depth knowledge and understanding of this area of law. Below, we’ve outlined some answers to the frequently asked questions we hear from people like you:

What If I or a Loved One Has Been Incarcerated in a Private Prison Facility?

expectations as public jails or prisons. However, these companies work hard to make it difficult for inmates to recover damages for mistreatment or injuries.

A private jail or prison has the goal of making a profit. This profit almost always takes priority over the well-being of inmates who are housed there. At times, these facilities engage in negligent, careless, or dangerous behavior to maximize their profits. 

Private jails or prisons may:

  • Ignore adequate staffing requirements
  • Allow inexperienced staff to have control over the population
  • Ignore prison brutality
  • Fail to meet the medical needs of those who are incarcerated

Private facilities have the same obligations of care as public facilities. This does not mean that these expectations are met. Often when the civil rights of incarcerated individuals are being violated, it can be difficult to get anyone to pay attention.

What Are the Rights of Those Who Are Incarcerated?

According to the U.S. Constitution, certain rights are guaranteed to citizens of the United States, even when they are incarcerated. Among these rights are:

  • The presumption of innocence
  • The right to be free from cruel and unusual punishment
  • The right to have access to the court system
  • The right to due process
  • The right to freedom from discrimination
  • The right of access to competent medical care
  • The right to exercise their religion freely and without restraint

Where these rights are violated, men and women who are incarcerated have the right to demand fair and just treatment under the U.S. Constitution.

What Is the Difference Between Jail and Prison?

Policies regarding inmates vary between jails and prisons, so it is important to understand the difference. Generally speaking, jails are a more short-term place for incarceration. They hold those who are serving a short sentence or awaiting trial. Prisons, on the other hand, are more appropriate for those who have been convicted of serious crimes or felonies. 

In both systems, inmates have the right to be treated humanely. But other issues, like the acceptable standard of living, will vary from place to place. Search for a prisoners’ rights lawyer near me to learn more. 

What Are the Rights of a Pregnant Person in Prison?

A pregnant person has a constitutional right to adequate medical care, regardless of whether they choose to request or refuse an abortion. Oftentimes, this also includes increased access to food, vitamins, etc. 

What Are the Rights of a Disabled Person in Prison?

Disabled inmates are protected by the Americans With Disabilities Act. Essentially, this means they must have equal access to the prison’s programs and services. They may also request accommodations be made to the prison or cell to create a secure environment for their needs.

Do I Have the Right to Access TV or the Radio in Prison?

Although many prisons and jails allow access to TV and radio, they are not the constitutional right of any prisoner. The rules simply vary from correctional facility to correctional facility. 

What Should I Do If a Loved One Is Not Receiving Needed Medical Care in Prison?

Inmates have a right to medical and psychological care, regardless of the crimes they are convicted of. If you believe that the prison system is treating your loved one’s needs with indifference, call a prisoner civil rights lawyer immediately. Our team can help you substantiate the claim and take the issue to court if need be.

How Can I File a Lawsuit After Prison Abuse or Discrimination?

If you have been victimized by a local jail or federal prison facility and your rights have been violated, you can seek justice by filing a lawsuit. In order to determine whether you have a valid complaint, you should assess the strength of your argument. To bring a valid grievance against a correctional officer or facility, you must be able to prove that:

  • The correctional facility or officer had a duty of care to you
  • The facility or officer failed or breached their duty of care
  • The breach of duty on the part of the office or facility resulted in an injury to you

Being able to prove these things provides you with a strong case. However, it can be difficult to prove your injury unless you have strong evidence.

How Can I Protect My Rights While Incarcerated?

If you believe that your rights as a prisoner in a U.S. jail or prison have been violated, the first thing you should do is file a formal grievance with the facility. Normally the window for filing a grievance is short, however, this step is important to illustrate that you attempted to find relief through this process.

In addition to filing a grievance, you should make detailed notes to record what has happened to you. You should also make note of any potential witnesses to the mistreatment and ask if they would be willing to make a statement on your behalf.

Your grievance, if not addressed, could result in a lawsuit. This will depend on your situation, however, a lawyer for prisoners rights can help you determine whether your lawsuit would have merit.

What Can a Prisoners’ Civil Rights Lawyer Do for Me?

rs’ rights lawyers at the Commonwealth Law Group have extensive experience in fighting for the rights of both men and women in custody in jail or prison.  

Not only do you have protected rights when you have been sentenced to prison, but you also have protected rights when you’ve only been arrested and have yet to go to trial. People kept in pre-trial jail are afforded the same rights as people sentenced to prison.

When you hire a lawyer for prisoners’ rights from Commonwealth Law Group, we will focus on your case and do the following:

  • Investigate the case and secure whatever evidence is necessary
  • Obtain your medical records from prisons or jails
  • Secure video evidence of the incidents involved
  • Interview correctional facility guards and personnel, including prison management, and take their recorded statements
  • Speak to experts in the field to get expert opinions proving negligence or fault
  • File a federal civil rights lawsuit on the prisoners’ behalf 

A lawyer for prisoner’s rights can do many things to protect you and to protect your rights. 

Get Help from a Prisoner Civil Rights Lawyer 

A quick internet search for a prisoners’ rights lawyer (near me) will likely turn up many results. But just because a Google search turns up a name does not necessarily mean that every prisoners’ rights lawyer is the same as the next.

Other attorneys may look at your conviction and determine you are not a person they wish to help. A prisoner civil rights lawyer from the Commonwealth Law Group is committed to protecting your rights under the law. If you need a lawyer for prisoners' rights, call us today. We may be able to help you or your loved one obtain the justice guaranteed to U.S. citizens.

Contact us today for a free case evaluation. 

“Great law group. Everyone was kind and down to earth. Made me feel like I was their only client. Very attentive to me and my case.”

Karen Jacobs

If you have been injured at work or through the negligence of another individual or entity, contact us at (804) 999-9999 or or use the form below to connect with our legal team. We will fight to get you the justice you deserve.