DeKalb County Prisoners’ Rights Lawyers Defending Those Who Don’t Have a Voice

Do Prisoners Have Rights?

Prison is scary; there is no way around it. Before ending up in prison, you may have a plethora of questions like “Will I have enough to eat,” “Are the showers the same as in the movies,” and “Do I even have any rights if I am in prison?”

While it may be of little comfort, prisoners do, in fact, have rights. These rights cover most of your other questions, too.

Do not listen to people who try to dehumanize you. Even if you once believed that prisoners do not or should not have rights, but you find yourself in prison and your rights are being violated, contact a prisoners’ rights attorney immediately.

What Rights Do Prisoners Have?

The Constitution does not guarantee, nor does it require a comfortable prison. However, the Constitution DOES guarantee a humane prison. Put simply, this means that you may feel uncomfortable in prison, and there is very little that can be done about that, but your basic human needs must be met.

The Constitution requires that prisoners be provided with reasonably adequate food. Prisoners must be provided with a well-balanced meal that contains sufficient nutrition. Unfortunately, this is all that is required, and it is often all that prisons offer: food that is sufficiently nutritious, not necessarily tasty or pleasant.

Prison officials are not allowed to use excessive force while interacting with prisoners. They also have a legal obligation to protect prisoners from assault by other prisoners. This means you have the right to physical safety. Prison officials may not use force maliciously. They can not intend to cause harm to a prisoner. All force should be used in an effort to keep order.

Prisoners, much like civilians, have the right to religious freedom. Federal laws provide special protections for religious exercise. Prison policies can not impede an individual’s ability to practice their sincerely held religious beliefs. Religious accommodations can include religious diets, such as halal or kosher meals. These rights also guarantee access to clergy, worship services, and access to religious texts, as well as religious clothing, headwear, and jewelry.

Prison officials may not impose any religious beliefs on a prisoner. Prisoners can not be punished for declining to take part in any religious activity or events that include religious elements. Prison officials can not show preference or special treatment to prisoners of a particular faith.

Prison systems must provide adequate medical attention to meet prisoners’ medical needs. Medical care includes physical, mental, and dental health. Courts have defined adequate medical services as services at a level reasonably commensurate with modern medical science and a quality acceptable within prudent professional standards.

All of this is to say that the medical services provided to prisoners must be on par with medical services offered to civilians.

Prisoners have more protected rights than just the ones listed here. These are the rights that have the most occurrences of violation.

What If Your Rights Are Violated?

It may be intimidating to complain about your rights being violated as a prisoner. You may feel like you are rocking the boat if you complain because aren’t you potentially complaining to the people who have been infringing your rights?

Your first step is to request an attorney/client visit. Posted mail is the most commonly used for of attorney-client communication. You can contact your attorney in writing and explain that you feel your rights have been violated and that you would like to have a meeting. Prison officials may not read your legal mail. Even if the mail is opened, they are not allowed to read it thoroughly. For this reason, it may feel unsafe to list particular names when contacting your attorney.

It is important to have your evidence and testimony prepared before you meet with your lawyer. Your time is often limited, which means it is valuable, and you want to offer as much supporting evidence to your attorney as possible during your limited meeting.

You can contact Eshman Begnaud, LLC, via phone at 678-892-7173 to schedule a free consultation. Otherwise, write us at:

Eshman Begnaud, LLC
315 W Ponce de Leon Ave
Suite 775
Decatur, GA 30030

If you feel like the prison officials do not provide a safe way for you to speak with an attorney, you may be able to ask a family member or a friend you trust to contact a prisoner’s rights attorney. They can describe what you have been exposed or how you are sure your rights have been violated.

How Can a Prisoners’ Rights Attorney Help You?

A prisoner’s rights lawyer has access to many things that a prisoner may not. They know what is and isn’t a violation of a prisoner’s human rights. They can answer your questions and help you decide if you have had your rights violated and, if so, how to navigate the prison system and the court system to get you a just outcome.

Just because you are in prison does not mean you do not have rights, regardless of what you have been told or led to believe. If you have been physically or mentally assaulted, contact Eshman Begnaud, LLC. If your religious rights have been violated, then you need legal representation. It is your right to worship. Your medical needs must be met, regardless of what led to your incarceration. If you have a family member who is currently in the prison system and you fear for their safety and health, then contact Eshman Begnaud, LLC, to find out what you and your loved one’s options are.

Call 678-892-7173 to schedule your free consultation. You can also use the address listed above if you prefer written correspondence.