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Your Rights As An Inmate, Here’s What You Need To Know

Jul 25, 2018 | Blog, Legal Tips

Going to jail is tough, there are no two ways about it. However, just because you are in jail doesn’t mean you give up all of your rights. You are restricted in regards to privacy search, and seizure. However, you still retain rights guaranteed to you by the Constitution and the rulings of state and federal courts.

The first rule: be calm and cooperative

If are ever an inmate, or prospective inmate, inside a Nevada correctional facility the first thing to do is be cooperative with the officers and staff. Once you are incarcerated and housed, every movement and activity you do is being monitored and, possibly, recorded.

Your activity and movements can be used against you in your current case, it may even lead to new charges.

You have no right to privacy in jail, except when you are discussing your case with your attorney. This means your conversations and actions may be recorded and presented in other legal proceedings.

Here are your rights

These are the inmate rights you are entitled to, make use of them if you have to, because they are yours.

  • You may not be subjected to cruel and unusual punishment. The Supreme Court defines “cruel and unusual punishment” as any treatment that is inhumane or violating the basic concept of a person’s dignity. Examples of this would be substandard living conditions, unhealthy food, lack of showers or toilets, or being exposed to dangerous weather.
  • Racial segregation is prohibited unless it is necessary for the security of the prison or for the safety of other inmates. You may not be denied any of your rights because of your race, gender, age, or religion.
  • You may not be harassed by guards or other inmates. Guards do have the right to tell you what to do and where to go. However, nobody may call you derogatory names, threaten you with any type of assault or threaten retaliation if you report the incident.
  • If you are disabled, you have the right to ask for reasonable accommodations for your disability. Most modern detention facilities were built in compliance with the American’s with Disabilities Act (ADA). You are also allowed to lodge an ADA complaint if you believe you are being denied services because of your disability.
  • You have the right to lodge complaints about your living conditions if you believe they are substandard. If you are unsure about who to file a complaint with, consult your attorney or legal aid advisor. There are also standard procedures inside correctional facilities for lodging complaints.
  • If you have a pre-existing medical condition before you are incarcerated, or if you develop a medical problem while inside, you have a right to medical care. This includes treatment by qualified staff and access to prescribed medications.
  • Mental health care is another right you have as an inmate. Being incarcerated places people under a tremendous mental strain, you may request to speak with a mental health professional and the treatment you receive must be adequate and professional.

Attitude is everything

As you can see, you have rights while incarcerated. How you ask for them goes a long way towards the manner in which you are treated. When asking for help remain calm and cooperative, there are a lot of people inside jails and the detention officers have to deal with all of their wants and needs. If you are polite and professional when you make your request, you are far more likely to be helped before people who cause problems.

At 8-Ball Bail Bonds we understand the stress people go through when they go to jail. We deal with people going through this trauma every day. The best advice we can give is to always be cooperative. Don’t argue with officers, judges, or other inmates. We understand this may not be easy, but it’s critical if you want to make your time inside go by as smooth as possible.

If you or a loved one are facing incarceration, we recommend you call us and discuss your bail options. We are experienced in dealing with the legal system. Our experienced agents will help you navigate the system so you, or a loved one, can obtain bail and remain free while handling your case.