Frequently Asked Questions
Please Note: A Voice From Within provides educational resources, tools, and support for individuals and families impacted by incarceration. The information provided is not intended to replace professional legal, mental health, medical, or other professional advice. We encourage you to consult with a qualified professional for guidance specific to your individual situation. The information shared on this webpage is a collection of stories and contributions from multiple individuals who have been impacted by incarceration, and may vary by state and experience. Visit the website of the prison where your loved one is housed, for specific information.
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If a warrant is issued for the arrest of your loved one, the best thing you can do is to encourage them to turn themselves in. If you can afford to do so, you should contact an attorney for legal advice or representation, otherwise an attorney will be provided through the Public Defender’s office once charges are formally filed. Helping a loved one avoid arrest when they have an active warrant is called harboring a fugitive, hindering apprehension or being an accessory after the fact. Knowingly assisting someone to evade law enforcement is a criminal offense rather than just an act of family loyalty
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After an arrest, a person is taken to a police station or jail for booking, held until an initial court hearing called an arraignment (usually within 24-48 hours) where bail is set and charges are read, followed by a pre-trial conference, a potential trial, and sentencing if found guilty. Depending on the case, this process can take weeks, months or years.
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Some attorneys are willing to speak to the family, especially if they are the ones providing the retainer (money); however, the accused is their client, not the family members. Attorneys are paid to represent their clients in court, so do not expect a lot of communication after the first couple of consultations. Phone calls are expensive, so consider communicating information and updates through email. This can be a frustrating time for families who want updates and information more regularly than the attorney provides. The court system is a very slow process and there are often many delays for various reasons, depending on the case.
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After arrest, people are entitled to make a free phone call. After that, all calls must be either collect or prepaid calls. Some facilities offer a device where inmates can send messages electronically by purchasing “electronic stamps”. In most cases, you cannot not directly call your loved one. It is important to remember that all calls and communication are recorded and can be used against the accused. Do not discuss the details of the alleged crime. Attorney/client communication is confidential and is not recorded.
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If your loved one is convicted of his or her charges and sentenced to time in prison, it can be an emotional time for everyone involved. Some courts allow family members to give a quick hug to their loved one before they are led out of the courtroom. Shortly after sentencing, the inmate will most likely be transferred to a facility where they will go through various evaluations and classing to determine which facility they will serve out their sentence.
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Your loved one can sign a release giving you permission to pick up their personal belongings. In most cases, no personal belongings will go with them to prison. There may be some exceptions, such as religious items.
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Once your loved one is transferred to the prison where they will serve out their sentence, they can contact you to let you know where they are. Most states have a website where you can search for inmates by name and it will tell you where they are housed. At that point, you will want to visit the website for that specific prison, as policies and procedures can vary by location.
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Prisons have different security levels: minimum, low, medium and high. These levels range from open-dormitory camps with minimal fencing to maximum security penitentiaries. Many things go into the determination of where an inmate will be housed, including seriousness of offenses, distance from family members, psychological evaluations and other factors of the conviction.
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If it is a true emergency, such as a death or serious injury of a loved one, you can try calling the prison to see if they will notify the inmate. They are not obligated to do so, however. The best way to communicate is through your loved one’s tablet. It may be helpful to contact the Chaplin at the prison, so that they can assist if a serious situation occurs.
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There may be several reasons that you do not hear from your loved one for a few days. It could be that they do not have enough funds on their phone account, disciplinary reasons or internet problems within the facility. If you have reason to believe your loved one’s well being is in question, you can call the facility and ask to speak to the Warden’s office.
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The desire to advocate for your loved one is a natural response to your care and love for them. It is important to advocate in specific situations, but you must also understand that your loved one is now a ward of the state. This means the state is fully responsible for the inmate’s safety, health and basic needs. If you feel your loved one’s rights have been violated, you can contact the Department of Corrections in your state to request an investigation. Your loved one will also have the ability to file a report that documents their concerns. These types of things can be a frustrating process and there is little to nothing you can do to change the outcome of the state’s decision.
Sometimes retaliation can occur when you try to advocate for your loved one, so it is always best to ask your loved one if they want you to advocate on their behalf before you call the prison or contact someone at the state level. Keeping your composure and being respectful when communicating your concerns, may help lessen the chance of retaliation against your loved one.
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Prison is not entirely as depicted in the movies. Most former inmates describe prison as a mental battle more than anything does. Prisons house many different types of people who have committed crimes that range from misdemeanors to felonies, and this can make the environment unpredictable and dangerous. Most inmate’s lives are not directly in danger all the time. How an inmate interacts with others can also determine their safety. Avoiding gang association can also lessen the chances of violence.
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Money can be deposited into an inmate’s phone or commissary account. You cannot send cash or checks to your loved one. Inmates do not have access to cash in prison. All inmate funds are managed through inmate accounts and can only be used for specific things. Depending on the inmate’s classification, they may be allowed to receive a limited number of food or clothing boxes. The inmate’s family or friends can purchase these boxes through approved vendors. Ask your loved one to provide this information to you. You cannot send anything to the prison other than a greeting card or letter. Always check the prison’s website for restrictions, as things will not be returned if restricted.
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The state provides for basic needs. Travel size deodorant, soap, toothbrush and toothpaste can be given weekly or monthly. Clothing includes uniforms, underwear, t-shirts, socks, state-issued shoes. Quantities of these items are limited and some items are only replaced by the state annually. Clothing sizes are limited and most things are very oversized.
Inmates can ask family and friends to purchase additional needs through approved vendors and these items can be costly, often causing additional financial hardship for families.
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All calls and written communication are recorded. Do not discuss the details of the alleged crime. Attorney/client communication is confidential and is not recorded. It is important to follow all of the facility’s communication policies in order to avoid either party losing this privilege.
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Attorney costs can be a huge financial burden on families. Retainer fees are costly and nonrefundable, regardless of the outcome of the case. Additional funds may be required if a case ends up going to trial. A Public Defender is appointed by the court to people who cannot afford a private attorney.
County jails and prisons have various ways to deposit money onto your loved one’s phone and commissary accounts. This can be done via phone, online or in some places, in person through a Kiosk. You will need a debit or credit card to make deposits. Once you set up an account, you can make deposits as needed.
One of the most difficult parts of being incarcerated is the psychological shift that happens. Staying in touch helps your loved one stay connect to the outside world and remain a part of their trusted support network.
There are many ways to show support that cost little to no money: prayer, sending a letter or card, and ask others to send a letter or card when able. During phone calls, provide positive updates and share experiences that help normalize life. Be a good listener even if you do not have the answer to the problem. Remind your loved one they are loved and not forgotten. Visit when able.
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Depending on the charges and the details of the case, someone can be in jail for a few hours up to a few years. A person can be released due to their charges being dropped, released until the next court date (with or without bail) or held in jail until the next court date.
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Having a loved one in jail can cause a disruption to financial responsibilities and income and cause deep financial strain on a family. Though there is no way to stop bills from coming in, communicating with lenders about payment options and grace periods can be helpful. It is up to the accused to decide if they would like you to contact their employer or other obligations they may have. If you are not an authorized person on an account, there may be restrictions on what you can do. When someone is arrested, his or her life pauses, but their responsibilities do not. If you have the means to pay bills on their behalf, it may help them to keep a good credit rating and keep things from being in a “past due” status once they come home. This may be beneficial if they have been given a short sentence.
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Your loved one can let you know when they are allowed to receive visits. Visits must be scheduled in advance and approved by the facility. Instructions for visiting, including strict visitation policies, can be found on the facilities website. Be sure to review these carefully so you do not waste a trip to the prison and disappoint your loved one by being turned away due to noncompliance. Dress codes are strict and violations will keep you from visiting.
During the visit, you will check in upon arrival. Only bring your ID and keys into the prison with you (unless you have a small child-check the website for approved items). You will be issued a locker for your keys and coat (sometimes you need your own quarter-which is usually refunded). When called, you will go through a metal detector, and may be asked to show the insides of your pockets and possibly remove shoes or boots for inspection (Very similar to airport security checkpoints). You may receive an invisible hand stamp that you will need to reveal under a light as you enter and leave the visiting room. In some prisons, you will then walk into a small room where a large door will close behind you before a door in front of you opens. You will then be escorted into the visiting room and assigned a seat and table. Your loved one may already be in the room waiting or you may have to wait for them to arrive. Typically, there are vending machines with food and drinks available, a children’s room with coloring and books and board games, but this will vary from prison to prison. Inmates are usually not allowed to get up without permission. Contact with your loved one is usually limited and guards are there to enforce visiting policies. Remember, you are in a prison, with many different inmates with different charges. Rules are strict for obvious reasons. It is important to follow all the rules so you or your loved one do not lose visiting privileges. The visiting room environment is usually positive and a good opportunity to connect with your loved one and give them much needed support. Once the visit is over, you can usually give your loved one a quick hug goodbye and are then escorted out of the visiting room and returned to the lobby.
When deciding if a young child should attend a visit, consider the effect the loss of the loved one has had on the child, their ability to handle the emotions associated with the situation and if any trauma has resulted from the experience of having a loved one arrested. Always do what is in the best interest of the child, not the adult inmate. The child is the victim and should be protected from further trauma when possible.
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Prepaid calls are the only option for telephone communication. You may receive an automated call asking you to approve calls from a corrections facility before you are able to receive a call from your loved one. Calls from your loved one require you to “accept the call” each time before the call can go through. You cannot not call your loved one. Only they can call you. Most facilities also offer a device where inmates can send messages electronically by purchasing “electronic stamps”. You are also able to send messages through this system, once approved. It is important to remember that all calls and communication are monitored and recorded.
Prisons have various ways to deposit money onto your loved one’s phone and commissary accounts. This can be done via phone, online or in some places, in person through a Kiosk at the prison. You will need a debit or credit card to make deposits. Once you set up an account, you can make deposits as needed.
There are many ways to show support that cost little to no money: prayer, sending a letter or card, and asking others to send a letter or card when able. During phone calls, provide positive updates and share experiences that help normalize life. Be a good listener even if you do not have the answer to the problem. Remind your loved one they are loved and not forgotten. Visit when able.
One of the most difficult parts of being incarcerated is the psychological shift that happens. Staying in touch helps your loved one stay connect to the outside world and remain a part of their trusted support network. Remember to take care of yourself first. It is okay to limit or set boundaries as to how much you can or will be able to accept phone calls, visit or offer financial support.
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If a conflict cannot be handled assertively, it is sometimes best to say you prefer to take some time away from the situation, and revisit the conversation later. If your request is not received well, you may need to announce that you will need to hang up if the conversation cannot be cordial. Though hanging up is not a favorable outcome, there may be times it is necessary in order to have a safe boundary in place for yourself and especially if there are children in ear-shot of the argument. There will be many times where emotions are high and it is important for both parties to have an understanding of expectations and boundaries early in the incarceration process.
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The attempt to control a person or situation can be a common tactic used by someone trapped inside a prison. Prison settings allow for very little independence. This often puts family members and friends in the difficult position of having to help meet needs that the inmate is used to having the freedom to meet on their own. Setting limitations early as to what you will do and not do will help you to resist giving into manipulation. These calls can cause a family and friends to feel extremely emotional and give into things that will cause them time or financial hardship. Your loved one will most likely go through many times of desperation, but it is important to show support in ways that do not cause you to compromise your own financial and family responsibilities.
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If your loved one is suffering from any type of chronic illness, prison can be a very difficult place to be. Healthcare in the prison system is very different from going to your personal physician for care. Typically, a small team of medical staff serves a large population of inmates. Medications can be initially delayed and/or changed, as options may be more limited. No outside medication is permitted to be brought to an inmate. Wait times to see a Dr. for any medical reason can be long and last, days or weeks, making medical concerns extremely difficult. Dietary needs are determined by the state based on various documentation.
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Item Prison systems offer very limited dental and medical care. Each prison has its own process to request health services. There can be long waits to see medical staff and medications can be limited. This is another situation where families can be frustrated due to the lack of ability to help their loved one the way they would if they were at home. Encourage your loved one to prioritize their health as best as possible for the duration of their sentence.description
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As you can imagine, prisons have many rules and all movement and activity is extremely limited. Some serious rule violations include gang activity and attempting escape. Other rules include the prohibition of drugs, alcohol, selling of food, drinks and clothing. Consequences can result in additional charges, segregation, and loss of privileges such as phone, commissary and approved gifts from loved ones. Some charges may require the inmate to participate in a program in order to avoid further consequences.
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Your loved one may enjoy surprise visits, cards, pictures, money on their account, electronic messages just to say “hi” or to let them know you are thinking about them, being available when they call (as you are able), approved food and clothing boxes. It is always best to have an idea of what they appreciate most so you can be sure to do things they will truly enjoy.