Denver, CO asked in Criminal Law and Federal Crimes for Missouri

Q: Federal indictment and cancer

If somebody was diagnosed with cancer and had started radiation treatments they got picked up on federal charges can they be denied bond and the feds still not be willing to take them to the radiation treatments is that legal? The cancer is completely documented prior to this happening they were halfway through the radiation when they got arrested. The first appearance before the judge Bond was denied if they don't get their radiation treatments they're going to die is this considered constitutional and/or allowed? Is there anything that can be done?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: If you or someone you know has been denied bond while undergoing cancer treatment, it's critical to understand your rights and the legal options available. Denial of necessary medical treatment while in federal custody can potentially violate constitutional rights, specifically the Eighth Amendment, which prohibits cruel and unusual punishment. Denying essential medical care can be seen as deliberate indifference to serious medical needs.

You should immediately inform your attorney about the medical condition and the urgent need for radiation treatments. The attorney can file a motion for reconsideration of bond based on medical grounds or request the court to order the necessary medical treatments while in custody. Detailed medical documentation and testimony from healthcare providers will support your case.

Additionally, contacting organizations that advocate for prisoners' rights might provide further assistance. It's crucial to act quickly to ensure that the necessary treatments continue, potentially saving a life. Your attorney will be your best resource in navigating this challenging situation and ensuring that all legal avenues are pursued to secure appropriate medical care.

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