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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Is a 57yr old man allowed to be housed with 20-50 yr old offenders @ Lopez State Jail Tx

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My husband is in that facility for drug possession since Jan 2008. He is a non-violent offender, also being medicated for depression. He is blind in one eye. He was assaulted, while sitting on his bed, when a 20 something yr old ran into his cell and started hitting him. He has a badly hurt shoulder and back. Now his parole which was approved for the 1st week in Oct 2008, has been pushed back due to they changed his eligibility status for fighting, after he was assaulted!! He wants to press charges, and regain his original status. He is very sick-a veteran-and should not be there in that dangerous environment. Please help
Your husband can press charges by filing a formal complaint against the person who attacked him. However, the fact that his parole has been pushed back for fighting indicates that the authorities believe he was a participant in the fight rather than a victim, so it seems unlikely they will proceed with any kind of charge against the other person.

As for regaining his original status, he can request an administrative review of the circumstances, but I wouldn't be too optimistic about that gaining anything for him.

What is his release date now? It sounds as if you have made good plans for his release and post-release treatment. Good luck with this difficult situation.
Customer: replied 9 years ago.
thank you. i was without internet for a few days. i am a first time questioner. i still need to know, please, is he allowed to be housed with such a disparity of ages? he has been in the TDCJ system several times, always non-violent, and when not sick, a trustee, even working on the out door grounds and with the rescued horses and sheriff's animals at another facility.if not segregated out of this group, can he expect a transfer to a more local hospital setting in galveston? will be glad to accept or pay again if needed. i liked your writng style, and credentials

You're welcome and thank you for the kind comments.

There is no law in Texas which would prohibit the housing of your husband with younger inmates. The specific housing assignments are left to the discretion of the individual prison administrators.

Since he has already been involved in one fight, it would be logical for the administrators to move him into a unit with more compatible inmates.

Any decision to transfer to a hospital setting is also up to the Texas prison authorities. You might want to contact the Lopez unit warden, Linda Carraza, to express your concerns. Contact information for her is available at:

If you are not satisfied with the response you receive from the individual facility, you can also contact the Regional Director's office. Lopez is in Region IV, the director is Raynaldo Castro, and his contact information is available at:

Good luck dealing with this difficult situation.
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