Whether you or a loved one is in jail or prison awaiting trial or serving a sentence, they still have their constitutional rights. Jail abuse is all too common, with prisoners subjected to violence, insufficient food and water, poor sanitation, psychological distress, and even sexual abuse. The most important thing you can do to protect your safety is to report any abuse that occurs to the proper authorities.
The first step is to document any injuries or abuse that you experience in prison or jail. This can include making a written request for medical care and filing a grievance if your needs aren’t met. Make sure to follow the rules and deadlines for your facility’s grievance process, which can be found in the inmate handbook.
You should also keep track of any interactions with corrections staff, including officers and other inmates. This includes logging any conversations that you have with them and writing down what they say to you. Lastly, make sure to file a formal grievance if an officer has violated your civil rights.
An experienced New York City jail abuse attorneys will carefully review your case to determine if the corrections facility has violated your constitutional rights. If they have, your lawyer will help you seek compensation for your losses through a civil lawsuit. This can include compensatory and punitive damages to pay for your medical expenses, lost wages, pain and suffering, and emotional distress.
A good jail abuse lawyer will work to get the maximum amount of compensation for you or your loved one. These damages will vary based on the type and severity of your injuries. If your loved one has died as a result of prison neglect or abuse, you may be entitled to wrongful death damages.
Your lawyer will also help you pursue any criminal charges against the abuser. The prosecutor’s office or local police department may have victim advocates who can connect you to resources, keep you informed as the abuser moves through the criminal justice system, and offer emotional support.
A skilled prison abuse attorney will also be able to help you file for a restraining order against the abusive individual. Depending on where the person is currently being held, this may involve arranging for court paperwork to be served within the jail or prison. In some cases, this will mean an official working at the facility must serve the paper with an affidavit to show that it was served.
Another way that your NYC jail abuse attorney can help is to keep tabs on the abuser once he or she is released from jail or prison. This can be especially crucial if the abuser is due to be released on probation or parole. Having a detailed understanding of your local jail and parole policies will allow your lawyer to ensure that your abuser is not able to obtain a gun or other weapons. In addition, your attorney can help you file a petition for release from supervision if the state parole board decides to release the abuser early.