Even if you are arrested and in custody, you still have rights. It does not matter if you are awaiting conviction or even waiting for a bond hearing, your constitutional rights do not cease the moment you are arrested. One right you may not have is the right to privacy and law enforcement can legally search you and your cell without a warrant or permission. They can also monitor your incoming and outgoing mail.
What Rights Do You Still Have in Custody?
While in custody, there are still rights that are upheld by the constitution and include:
- You have the right to request reading material. While in custody, you have the right to receive legal publications and communications from your attorneys as well as publishing houses. There was a recent case where a Nevada prison attempted to ban prisoners’ receipts of legal documents, which started a First Amendment lawsuit against that prison.
- You are still protected against discrimination. According to the Fourteenth Amendment of the United States Constitution, you are still protected against any mistreatment or discriminatory practices based on your sexual preference, race, religion, gender, etc.
- You have the right not to be treated with cruel or unusual punishment. Under the Eighth Amendment of the United States Constitution, you have the right to be protected against cruel and unusual punishment. That means the prison or jail must provide you with decent housing and food while you are in custody. But, you can still be classified as a maximum or minimum security inmate and that is not a violation of your constitutional rights.
- You have the right to due process. You are also protected under the Fifth Amendment of the U.S. Constitution which states that any alleged criminal must still be provided with the due process of law before they are deprived of property, life or liberty. As a prisoner, that means you still have the right to due process even while you are incarcerated. This further means that you can appeal your conviction or sentence (if you feel necessary) and you can appeal administrative actions taken against you by prison staff. However, you are limited on time and there are strict requirements for these actions that are dictated in the Prison Litigation Reform Act of 1996.
Were Your Rights Violated While in Custody? Contact De Castroverde Law Group Today
If you feel your constitutional rights were violated while you were in police custody or while you were incarcerated, contact the criminal defense attorneys at De Castroverde Law Group today. Even if you are awaiting trial, you have rights. Our attorneys are here to represent you during your criminal procedure and protect your rights. Contact us online or call 702-222-9999 to schedule a consultation regarding your criminal case.