How can I appeal a decision made regarding prison visitation by the Department of Corrections?

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How can I appeal a decision made regarding prison visitation by the Department of Corrections?

My fiancee was arrested in 6 months ago and extradited to SC 2 months later. At the time we were separated and he had been living with someone else. We have since worked everything out but because of the information he provided upon entering the SC prison system, I have been denied visitation rights due to what they say is a security breach. Both he and I have explained the situation to no avail. I cannot go a year without seeing him. There is no way, and it isn’t fair or justified.

Asked on March 19, 2011 under Criminal Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There really is not enough information here to to give you any guidance but you need to remember that in general the rights of the few may be in fact limited or curtailed in order to protect the rights of the many.  Many people do not understand that and think that they have unlimited rights here in America - which we do really but not if our right to act puts others in danger.  Also, you may have no legal standing as to a "right" to see him.  You are not related by blood or law.  Also, if he is a convicted prisoner his rights are limited as well.  I would seek consultation from an attorney familiar with the law in South Carolina.  Maybe he or she can ask you the necessary questions to determine how to proceed. 


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