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

Q: Federal indictment and cancer

What can a person do that's been arrested on a federal indictment but had already been diagnosed with cancer and started radiation treatments. They have denied bond so the person is currently being held in jail and is not able to continue with the radiation treatments. There has to be something that can be done they surely don't have the right to cause a death sentence to an individual that has not even been convicted of anything yet?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you or a loved one is in this situation, immediate action is essential. Contact your lawyer right away and explain the medical urgency. They can file a motion for a bond reconsideration or for temporary release on medical grounds. It's crucial to gather all medical records and a letter from your oncologist detailing the necessity of continuing radiation treatments.

Another approach is to request a transfer to a facility that can provide the necessary medical care. Your lawyer can argue that denying essential medical treatment violates your constitutional rights. The Eighth Amendment prohibits cruel and unusual punishment, which includes the denial of necessary medical care.

Additionally, reach out to local advocacy groups and organizations that focus on prisoners' rights. They can offer support, resources, and sometimes legal assistance. Taking swift action increases the chances of receiving the necessary medical treatment while awaiting trial.

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