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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27757
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son is an addict by injection he was arrested 40 days ago

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My son is an addict by injection he was arrested 40 days ago on theft charges, 30 days in he had an episode and threatened to kill himself. He was put in solitary confinement and has received no mental help. What can I do to get them to have a Dr go in. He's been in confinement for 12 days. How do I get him a dr?

My name is XXXXX XXXXX I am an experienced criminal lawyer.

Your son has a Consitutional right to adequate medical care under the 8th Amendment to the Constitution. The Supreme Court has held that it is cruel and unusual punishment to deny an inmate necessary medical care.

If he has a serious condition that requires medical attention, while the prison does not have to provide the same caliber of medical care that he would get on the outside, they cannot turn a blind eye to his problems either. This applies to mental as well as physical health issues. You can get an idea of what courts have found to be deliberate indifference and what sorts of situations constitute a serious medical need and a Constitutional violation here in this PDF, which was put together by the ACLU.

In my experience, family members are only going to get the runaround when they try to inquire too closely about what's going on with their incarcerated relatives, particularly when the questions relate to the inmate's treatment -- medical and otherwise -- at the hands of the Department of Corrections.

It takes a lawyer to break that pattern They not only can visit an inmate when family and friends cannot but they can get in touch with people in the system who will not speak at all to family and thus have a much better chance of turning the situation around. And they can also get the case back before the judge to ask that medical treatment be ordered.

But first, call his lawyer.
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