New York Civil Rights And Criminal Defense Lawyers

Prisoner’s Rights

Your rights while in prison

After being arrested and taken to jail in New York, you might think that you will have the bare minimum of supplies and poor conditions to get you through. However, there are certain rights that you have as an inmate so that you feel safe and so that you are as healthy as possible while awaiting trial or until your release date. Humane conditions One right that inmates have is humane conditions. You also have the right to not be treated as though you're guilty before you have a trial. The facility should have running water and proper plumbing so that you can maintain your hygiene. Your...

read more

Juvenile incarceration and Raise-the-Age: What to know

The issue of juvenile justice is one of the most difficult that courts have to face. They have to decide how to punish individuals who are not held responsible for their actions in a wide variety of situations. In the state of New York, legislation has changed the operations of juvenile incarceration in recent years. As a result of the Raise-the-Age legislation in New York, New York, a certain class of older juvenile offenders will be able to take advantage of the juvenile justice system. This new approach to teenagers will hopefully reduce the abuses and horrific statistics associated with...

read more

Disturbing allegations of abuse at prison shock camps

For many who were incarcerated in New York and looking for a way of shortening their prison sentence, a shock camp program sounded like a great opportunity. In many cases, these imprisoned individuals were trying to get back to their families and loved ones, desperate to refill the gaping void that they left behind. That's the deal that some prison inmates were offered, and it was deceptively inticing. The program was referred to as a shock camp, was said to last for six months, and was being conducted at the Lakeview Shock Incarceration Correctional Facility. Those who were offered the...

read more

Rights that you have while in prison

In the event that you're arrested and have to spend time in jail in New York, the U.S.C Constitution grants you certain rights that you have. If you feel that you haven't been provided those rights, then you could contact an attorney to file a claim or a complaint. Humane conditions Even though you've committed a crime, it doesn't mean that you should have to live in conditions that are inhumane. As part of your prisoner's rights, you are entitled to clean facilities, working sinks and toilets, and a lack of fire hazards. You are not to be punished with conditions that aren't favorable just...

read more

Health care in prisons

In New York, the health and safety of inmates, as well as workers in prisons, has been a major topic of conversation among policymakers. This is especially true for the most vulnerable populations in prison, such as the trans and gender-nonconforming community (TGNC). TGNC issues in prison Prisoners often have problems with reduced access to and quality of health care for inmates. That problem is exacerbated with the TGNC community, whose members require additional support both mental and physical. Advocacy groups have consistently warned that there is a lack of counselors in prisons and...

read more

Why are some people fighting to withhold misconduct files?

Accountability and transparency are important to preventing corruption in law enforcement. Until recently in New York, as well as in many other states, misconduct records in personnel files were not available to the public. However, state lawmakers repealed the law that kept the files private in 2020. On the surface, this appears to be a win for civil rights and justice. It appears that legislators' intentions and the execution of their legislation may not go hand in hand, though. Creating roadblocks to access According to ABC News, repealing section 50-a of New York's civil rights law did...

read more

Law ends long-term solitary confinement in New York

Starting in March 2022, New York state law will prohibit correctional facilities from isolating inmates for more than 15 days. The bill, signed by Governor Andrew Cuomo on April 1, 2021, comes after years of activism aimed at ending solitary confinement in the state. Review the provisions of the bill and its impact on New York inmates. The effect on the prison population Incarcerated individuals and their advocates have long protested the isolation of inmates in New York prisons and nationwide. These groups cite the racial inequities in the solitary confinement system. According to data...

read more

Does your spouse have a right to medical care in prison?

If a judge has ordered your husband or wife to serve a prison sentence, you must adjust to a new way of life. You should not, however, have to worry about your loved one’s personal safety or overall health. This is true even if your spouse has a chronic medical condition, a permanent disability or another ailment. The Eighth Amendment to the U.S. Constitution protects individuals from cruel and unusual punishment. Neglecting to treat medical conditions or to respond to health emergencies may violate this fundamental legal right. Your spouse is at the mercy of prison officials When free...

read more

What happens when a person dies in prison?

Having a loved one die in prison is a heart-wrenching experience. The harsh realities and administrative hurdles of the prison system only compound ordinary feelings of grief. In some cases, family members attempt to learn the circumstances surrounding the inmate’s death as a means of finding closure. Too often, they may face a long uphill battle. Whom does the prison notify? During the prison intake process, inmates usually create a list of designated contacts, including whom to contact if the inmate dies in custody. Prison staff attempt to contact the designated contact first. If that is...

read more

Know your rights as a prisoner who has a disability

If you face or are currently serving a prison sentence and have a disability, you have federally protected rights under the Americans With Disabilities Act. If you experience discrimination because of your disability, you can seek legal recourse. Review the disability rights of prisoners and actions to take if discrimination occurs. Understanding your rights The prison must provide effective communication methods such as audio, Braille, videophone, closed captioning and interpretation services. You must receive reasonable modifications to procedures and policies because of your disability if...

read more

Archives