Legal Question in Criminal Law in Virginia
My rights?
My son is being held without bail for 8 months in max security. he has not been outside for 4 or 5 month except to go to court twice. He is suffering from depression & anxiety with chest pains and severe headaches. Where does he find out if this is cruel and unusual punishment. What rights does he have? Animals have more rights! He has not been found guilty.
1 Answer from Attorneys
Re: My rights?
No, I would doubt that what you've described would qualify as "cruel and unusual punishment" under the Eighth Amendment to the U.S. Constitution.
Nevertheless, it would seem that after the apparent elapse of eight months in detention with still no trial, that his defense counsel should by now be vigorously pressing for such a trial or a dismissal of the case, if the trial matter continues to be delayed for whatever reason.
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