Legal Question in Criminal Law in Virginia

My husband is incarcerated, The other day him and 4 other guys were thrown in the hole and charged with gang activity and strong arming and extortion all because of a confidential informant. Being the seriousness of the charges how can they be found guilty by someone other then a judge. The investigator again has the ci's word only no names of who they supposedly extorted or strong armed nor any proof they are involved in a gang, Also when I tried to speak with the assistant warden being I have power of attorney over everything pertaining to my husband I expected to speak with her yet she said the DOC just implemented a policy that they can not discuss anything at all with me even with the poa, Any help with this would be greatly appreciated.

Asked on 6/20/13, 3:57 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

They haven't been found guilty, at least not of a crime. Inmates don't have to be convicted of new crimes before the prison can discipline them for their behavior. In fact, many types of behavior that justify such discipline aren't crimes at all.

The prison does have to let your husband and the others contest these actions, but it's up to them whether to do so. The prison can act quickly, without waiting for that process to play out.

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Answered on 6/20/13, 4:53 pm

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