Pace, FL Criminal Defense Law Firms & Lawyers

Prisons are not beyond the reach of the Constitution. Yet, while inmates do not leave all constitutional rights behind when they enter the prison door, many do go by the wayside. Some of the rights prisoners retain, according to the U.S..Supreme Court, are the First Amendment right to freedom of religion, the Eighth Amendment prohibition against cruel and unusual punishment, the right to petition the court for redress of grievances and the right to be free from invidious racial discrimination. Among the rights not retained by prisoners are those involving Fourth Amendment privacy rights. In order to exercise this right, the individual must not only have an expectation of privacy in the area searched, but that expectation must be one that society is prepared to recognize as reasonable. The Supreme Court has held that a prisoner's expectation of privacy must yield to what it considers a paramount interest in institutional security. Thus, the Fourth Amendment ban against unreasonable searches does not apply within the confines of the prison cell. Similarly, courts have held that a person in custody in the back of a police car has no right of privacy in his or her communications, which may be recorded. In Florida, where you are from, the courts have ruled that a prisoner has no reasonable expectation of privacy in the reception area of a prison during visitation.

Your friend is in a lot of trouble and you should advise him to call our office to contemplate representing him before the police department and in any subsequent arrest and court proceeding.

It is a minimum of 85%, not 65%. That would be 85% of the six years, minus the time served, to the release date. You can look him up at the Florida Department of Corrections website, and it should give his tentative release date.