What Rights Do Defendants Have While in Jail?

When someone is arrested in Nevada, they automatically forfeit certain rights, including the right to privacy while incarcerated. The authorities may legally monitor phone calls, check mail and generally deny inmates the right to private time unless they are meeting with an attorney. However, he or she does retain some rights throughout incarceration, and your lawyer should make sure to demand them regardless of the time spent in jail.

Right to due process

Everyone accused of a crime has the right to due process under the Fifth Amendment to the Constitution. This right includes fair interrogation practices, a fair trial, legal representation and the right to appeal a conviction or any other ruling handed down by the penal system.

Incarceration without cruel and unusual punishment

Cruel treatment of a prisoner is prohibited by the Eighth Amendment to the Constitution. Inmates are entitled to food and shelter while under the supervision of authorities. While the decision to send a prisoner to maximum or minimum security institutions belongs to the prison system, one’s lawyer can have an impact on any decision affecting defendants.

The right to incarceration without discrimination

Under the Fourteenth Amendment, discrimination against any inmate on the basis of race, gender or religion is prohibited. Inmates may file a lawsuit through attorneys when they feel these rights have been violated in jail.

The right to read

Reading materials may not be denied to an inmate of the U.S. prison system, whether before a trial or following conviction and sentencing. Defendants have the right to read materials sent by an attorney in order to prepare their defense in court. They also have the right to read published materials about the law and other topics.

Right to parole hearings

While conditions must be met for any inmate to receive parole from prison, every person has the right to a fair process. Making progress on a parole request requires experience and a vast knowledge of the Nevada prison system.

Contact Ken McKenna when you need the top criminal lawyer in Nevada by your side. Everyone convicted of a crime has rights under the law, but only the best attorneys know how to demand them for their clients.