Can a person have pictures of their injuries photographed while they are still in jail?

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Can a person have pictures of their injuries photographed while they are still in jail?

My brother was “jumped” by his ex-girlfriend’s brother and one of his friends. The hit him with a bat and brass knuckles. The police were called and the guys ran off but my brother was arrested. They took pictures of his chest and head but said that they were old wounds in the police report. Now his chest is black and blue where he was hit. The correctional officer told him that they don’t want to get involved and don’t want to take new pictures of his chest. Is there anything that we can do so that he can have proof of his injures and press charges?

Asked on December 30, 2010 under Criminal Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to immediately hire an attorney for him (criminal defense attorney) because it sounds like a lot is going on and also a private personal injury attorney.  You might get lucky and find one who handles both.  The attorney can visit him and take photos and if he has been denied any medical treatment, those correctional officers, the state, county and police arresting officers can get sued and be in a whole lot of trouble.  Also, ensure your brother doesn't have a record otherwise.  If this attack on him is seen as anything but an attack (let's say it was seen as self defense by the others), and he has a criminal record, anything he says will be seen as less than truthful.  This is why photos will help him in the long run. Do not wait on this.


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