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I am wondering if it is against constitutional rights for a…

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Hi I am wondering...

Hi I am wondering if it is against constitutional rights for a detention facility to freeze an inmate's commisary account? There is no information that states anywhere that there is a limit to the amount of funds that an inmate receives, only a daily limit of $500.00.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

COlorado, Adams COunty

Lawyer's Assistant: Has anything been filed or reported?

He received a letter today from the facility stating that his account was frozen because "too much money has run through his account" and they are "not a financial institution". People have sent him funds to pay the lawyer, which has been in excess of $30000

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of thank you

Submitted: 7 months ago.Category: Legal
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Answered in 2 minutes by:
12/28/2017
Lawyer: Ely, Counselor at Law replied 7 months ago
Ely
Ely, Counselor at Law
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

I am sorry, but the answer is no. The commissary is not a right, but a privilege. The inmate has given up his rights when convicted. As such, they only have the rights to bare minimum room and board; not a commissary which is a privilege. It can be taken away.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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