MDOC claims that I put my finger in one of the guards chest which is not true. They permanetly terminatged my visits. What I can do to get my visits back?
Also, I was on the MDOC property dropping off my wife for a visit. I was sitting in my vehicle and a guard approached me and told me that I am not allowed on their property. Is this true?
The MDOC has close to absolute control over their premises. They have a rule that prohibits people from sitting in their cars. If people want to wait, they have to wait in the lobby, or wait at a location off MDOC property. You probably did not know about this rule. Nevertheless, sitting in the car, with or without chest-fingering, is a violation of rules that can lawfully lead to penalties against you.
If you are barred from all MDOC property for this or other reasons, you would want to know their reasons and all the facts before knowing if it is worth challenging. But during any such period of exclusion, you better stay off the property, because trespassing is a crime, and they have evidence that you have been warned to stay out.
They have taken action against you which you want to challenge. In the event of any hearing, the hearing officer will be an MDOC employee. That usually does not work out favorably for the citizen who claims that the guard's version of events is false. Under such circumstances, the best approach might be negotiation to a penalty that is less than permanent.
On the other hand, what you might not realize is that the entire incident is probably on video. If you are certain you are right, you (or an attorney acting for you) might persuade the Warden or other appropriate official to actually look at the video, and see if it backs up your side of the story. For security reasons, these videos are not available to the public, but I have had prisoner clients cleared of misconduct after an appropriate official viewed a security video.
Whether or not they make any changes now, a "permanent" termination of visits sometimes turns out to be subject to reinstatement in the future.
Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
Visitation is a privilege and not a right. Therefore, since the allegation against you has been believed the only thing you can realistically do is accept the situation. You might consider writing a letter apologizing for any misunderstanding.
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