Prison Visitation

» LCompton - How much power does the D.A. have?

Can an assistant district attorney deny a wife the right to visit her husband in prison? This is exactly what has happened and my husband has no idea why they won't let me visit him. Do you know if any action can be taken to counteract such a restriction? Thanks for your time.

-- posted by LCompton

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» rccleary - DA Power

If your husband has already been sentenced the DA has no power to deny visitation. The authority relating to visitation is in the hands of the prison system (department of corrections in my state).

If your husband is awaiting trial and you are a potential witness then the DA may be able to place some restrictions on visitation, but this would be extremely rare and the restrictions not substantial (time limit, monitoring, etc.)

Frankly, I have never heard of a situation where the DA tried to limit visitation between husband in wife except where domestic violence was involved and the Court ordered no contact. At that point, however, it is the Court with the authority to deny contact. The request is made by the DA.

-- posted by rccleary

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» LCompton - Thanks for your response.

I talked with an attorney who said about the same thing you did. He had never heard of this happening and said it could have been requested by the DA (who was very vindictive) for the simple fact that I wouldn't cooperate with him . No domestic violence was involved. The trial court erred in several areas and I'm confidant that the conviction will be reversed by the Court of Appeals but that can take time. I've never been involved in a situation like this and I didn't realize the corruption that had crept into the justice system, at least in my county.

Anyway, thanks again for responding to my question.

-- posted by LCompton

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