when are people in jail able to see their lawyer

To answer your question, there is no constitutional right that grants a certain amount of time to have access to your attorney. Typically, the access by phone is governed by the safety regulations of the jail. If they allow... I do not practice in MT, but in my state, KY, an inmate can call his attorney by telephone.

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Do lawyers go to prisons?

Jul 21, 2012 · To answer your question, there is no constitutional right that grants a certain amount of time to have access to your attorney. Typically, the access by phone is governed by the safety regulations of the jail. If they allow non stop collect calls, then that is how often they can try to call their attorney.

How to find out if someone is in jail or prison?

If you are the victim of jail or prison abuse or neglect, do not hesitate to contact a rights attorney at our firm now for a free consultation. We have offices in Texas and New York, and our rights lawyers handle cases from across the country.

What do our attorneys do for victims of jail?

Sep 25, 2012 · Under California law, all inmates in state prisons are supposed to get at least four hours a week of access to a prison law library. Obviously, that’s not been working out so well for Reuben Ruiz who says he waits two to three months to get inside the law library at Pelican Bay.

Do judges ever visit prisons?

Legal Services for People in Prison and Jail ... coping with imprisonment, litigates for the rights of prisoners and their supporters, and provides specialized fee-based consulting services for inmates and their families; includes Clemency Board presentation preparation, protective custody, medical, visitation, probation supervision and ...

What happens if you die in prison?

If you are injured or killed while in detention due to the neglect or abuse by staff or other prisoners, the government may be held legally accountable and may be required to compensate you or your family for your injuries or wrongful death.

How long do you have to file a claim for wrongful death?

The length of time you have is set by individual states, so where you could have three years in some states to file a claim, ...

Do inmates have rights?

Whether you are detained by law enforcement or incarcerated for violating state or federal laws, you have a constitutional right to: Yet, reports of inmates suffering personal injury and being denied their constitutional rights and rights violations by prison guards have been filed across the United States.

What is psychological abuse?

psychological abuse. unlawful strip searches. wrongful death while in jail or prison. When prison guards or jail officials violate detainees’ or inmates’ civil rights or allow other inmates to abuse those rights, they may be held liable for those violations and the victim may be entitled to compensation for damages.

What is the definition of a savage?

Cruel or unusual punishment or being stripped of human dignities. Destruction of personal property. Excessive use of force – kicking, punching, hitting you with batons or flashlights, unreasonable use of pepper spray, restraints, or tasers. Failure to be kept safe from rape, stabbings, beatings, and assaults.

What happens if you are on death row?

If you’re on death row, the state will still pay for an attorney to represent you for an appeal.

Where is Reuben Ruiz?

Reuben Ruiz is serving time at Pelican Bay, a “supermax prison” in the far north of California. I have to get through eleven locked doors and sally ports just to interview him. Jailhouse Lawyer, Reuben Ruiz in the cell he shares inside the SHU. Photo Credit: Nancy Mullane. Ruiz’s cell is about 6’ x 9’. There’s a fixed cement pad for ...

Do criminal lawyers have secretaries in California?

They don’t wear suits. They don’t have secretaries. And they can’t bill for their time. They’re called Jailhouse Lawyers. They’re inmates who pursue the equivalent of a lawyer’s education and who work as lawyers ...

What is the right to access the courts?

This right is fundamental to protecting other constitutional rights. Without access to the courts, inmates wouldn't be able to enforce violations by prison or other government officials. Part of the right to access the courts includes the ability to file court documents without paying filing fees, sometimes called filing “in forma pauperis.”.

What is a pretrial detainee?

A pretrial detainee is someone who has been charged (not convicted) with a crime and has not bailed out or been released on his own recognizance. Pretrial detainees are presumed innocent and maintain at least the rights guaranteed to those who have been convicted, as described above. Yet these individuals are housed in a secure facility, and the deference that courts give to prison officials extends to those overseeing the jails, too. As long as jail regulations and the actions and decisions of jail employees and officials reasonably relate to a legitimate, nonpunitive governmental purpose, they will pass muster. The Supreme Court has held, for example, that double-bunking, random searches, prohibitions on contact visits, and visual body cavity searches after contact visits do not violate the Constitution.

Which amendment prohibits cruel and unusual punishment?

The Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishment, whether in the punishment deliberately imposed for the crime or in prisoners’ living conditions (discussed here). Living conditions. Harsh living conditions are part of the price that convicted individuals pay for their crimes.

Can prison officials interfere with prisoners' rights?

Prison officials may not interfere with prisoners’ rights of speech, association, and religion unless doing so is reasonably related to a legitimate penal interest. Nor can an official retaliate against a prisoner for exercising these rights.

Can a prisoner search a cell without cause?

Prison officials may search inmates’ cell s without cause and without having to satisfy the probable cause requirement of the Fourth Amendment (courts have held that prisoners have no reasonable expectation of privacy within their cells). Seizing property is permissible as long as it serves a legitimate prison interest.

Do prisons have due process rights?

Prisoners retain procedural due process rights in a limited number of circumstances. For example, a prisoner has a right to own property, and it should not be taken from him without due process. But officials may seize a prisoner’s personal property without prior notice when the state’s interest in maintaining order outweighed the prisoner’s property rights.

Do prisoners have the right to counsel?

Prisoners retain their Sixth Amendment right to counsel for crimes that they are charged with while incarcerated. But the right to counsel does not apply to disciplinary proceedings or administrative segregation. Sometimes, courts provide counsel to inmates who have brought civil rights cases and in parole revocation proceedings.