Legal Question in Criminal Law in California

In regards to: (penal code 4571)

I have been visiting my cousin at the riverside county jail (Robert Presley Detention Center) for over 3 years now.

I have now been informed that under P.c. 4571 I am not allowed to continue visiting because I was charged with a felony.

I have since read the penal code and have informed visiting that it clearly states:

''4571. Every person who, having been previously convicted of a

felony and confined in any State prison in this State,''

Then they told me that the penal code 4571 has been changed to:

''If you have been convicted of a felony or have served time in state prison''

So my question is have they (The jail facility) broken the law and what legal actions can we take if any?


Asked on 4/15/09, 6:33 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

Re: In regards to: (penal code 4571)

I have the 2009 Penal Code revisions and your version of Section 4571is current. It does NOT say "OR" confined in prison. It says "AND" confined. I have not researched whether any new amendments have been passed in 2009, but if so, they are not effective yet in any event.

In addition, they are wrong on another count. This section does not prohibit such persons from visiting prisoners. It prohibits such convicted persons from sneaking onto prison or jail grounds without permission. Going through the front gate, signing in and visiting formally is not a violation of this section.

That however does not help you. They presumably know what this section says. They are apparently intentionally mis-interpreting it in order to deny you visitation, (for what reason I don't know). The question is: what is your remedy. You'd have to sue in court and get a court order to enforce your right to visit. Not very practical.

One easier potential solution is to hire a lawyer just to write the warden a letter pointing out this mis-interpretation of the statute and asking the Warden to order his staff to allow your visitation. Then you'll find out whether the twisting of this law is being done at the highest level or the lowest one.

Good luck.

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Answered on 4/17/09, 1:58 pm


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