Legal Question in Constitutional Law in California

Re: CRC State Prison Denies Visitation of Fiancee

The "innocent until proven guilty" constitutional concept applies only to your right not to be convicted of a crime except by a jury of your peers upon proof beyond a reasonable doubt. Denying you entrance to the prison is not a conviction of a crime. There is no constitutional right to enter a prison. Therefore, this is a matter of state law and prison policy. If they were denying access to women, minorities, certain religious believers, etc., it might be a constitutional issue. But under these facts, I don't see one. But, you might try taking it up with the warden or prison administrator. If you can convince him that the crime you are charged with is not violent in nature nor involves drugs, etc., maybe you can persuade him to let you visit. But, other than that, I don't think there is much you can do.

Re: CRC State Prison Denies Visitation of Fiancee

I agree with Mr. Wisong's analysis and want to add a further point. Visitation privileges belong to the inmate and not to his visitors. The prisons don't really have to allow visits at all, and prisons which choose to allow visits may limit those visits in a reasonable and non-discriminatory way. Preventing convicted felons in the prison from associating with suspected felons who are not imprisoned sounds facially reasonable since it will hamper the inmates' ability to influence crime in the outside world.

I also see your point, though. It does seem unfair to prevent an inmate from meeting with his fiancee based on a mere accusation. As Mr. Wisong suggested, the warden might agree to make an exception here and it is well worth asking.

Also, your complaint that "the courts have been dragging [your case out] since March 16, 2003" seems a bit odd. You are entitled to a trial within 30 days unless you waive the right to a speedy trial -- which most defendants do in order to give their defense counsel time to prepare. I presume that you waived this right as well, and the fact that another 4-1/2 months have passed doesn't strike me as a problem, especially given that you are obviously not in custody while you await your trial date.