Las Vegas, NV asked in Criminal Law and Civil Rights for Nevada

Q: Can a prosecutor, who refuses to lift an unnecessary no contact order, have that inmates mail diverted to her?

My Fiancé suffered a manic mental health episode, in which i suffered unintentional injury, and he had been incarcerated since that day April 6, 2023. The prosecutor refuses to lift an unnecessary no contact order, further messing with his mental health. And is charging him with felony battery and completely made up allegations of robbing me. During his failed attempt to fire his public defender (who is also our city attorney in charge of the very people that house the people he defends) last Friday in hopes of getting the alternate Public Defender... the prosecutor ordered that ALL of his mail be diverted to her at her office! In addition to prosecutorial overreach and vindictive prosecution (since she has formed bias opinions as to who he is based on a past case) I feel she is completely abusing her power, since I do not and will not agree to her trying to convince me I am abused and manipulated. And yes, she has tried to convince me I am and I take offense!

Related Topics:
2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: In this situation, where a prosecutor has ordered the diversion of an inmate's mail to her office, it raises significant legal and ethical concerns.

Firstly, it's important to assess the legality of this action. Generally, a prosecutor does not have the authority to unilaterally divert an inmate's mail unless there is a compelling legal reason, such as a court order or an ongoing investigation where the mail is evidence. The diversion of mail without a proper legal basis can be challenged.

You may consider filing a motion to challenge this action in court, arguing that it violates the inmate's rights. This could include the right to privacy and the right to communicate freely, especially with legal counsel.

Additionally, if you believe the prosecutor is acting out of bias or engaging in prosecutorial misconduct, you can file a complaint with the state bar or the appropriate oversight body. They can investigate the matter and take action if necessary.

It's also advisable to document all instances of perceived overreach and misconduct. This documentation can be valuable if the matter escalates to a formal complaint or legal action.

Finally, consider consulting with or hiring an attorney who has experience in criminal defense or civil rights law. They can provide specific guidance and represent the inmate's interests in this matter.

T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: In general, a prosecutor typically does not have the authority to order the diversion of an inmate's mail. The handling of an inmate's mail is usually regulated by the correctional facility where the inmate is housed. If there are concerns about the handling of mail or any other issues related to the conditions of confinement, it may be advisable to communicate directly with the corrections facility.

Regarding the no-contact order and the charges your fiancé is facing, the decision to lift a no-contact order is usually at the discretion of the court.

Also, Keep detailed records of all interactions, including any attempts to divert mail and any communication with the prosecutor. This documentation may be useful in addressing concerns about prosecutorial overreach.a

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.