Legally Speaking

I spend hours each week in the prison law library, every Monday to Thursday evening, 6:30 to 8:30 pm; writing, typing, researching the law to help other inmates with a variety of legal issues. From divorce to name changes to complicated legal arguments on constitutional law involving evidence, convictions, and prisoner rights, I run a solo underground law practice. I am the prison’s legal aid clinic. I try not to say “no” to anyone posing a legal question. I’ll show any man at least the courtesy and respect to hear them tell of their legal concerns.



As I’ve written before, the law library here doesn’t amount to much. Outdated books line the shelves (the set of Virginia Codes hasn’t been updated since 1998). There is only one research computer, with CD case and statue information, that is only updated semi-annually. Four antiquated “Selectric” typewriters are spread around the room, a mere 10 ft by 10 ft block room that has seating for a maximum of five inmates.


In truth, the library fails to comply with the minimum required by the United States Constitution for inmate access to the courts.


Many inmates, already uneducated, abandoned and discouraged by their circumstances, bemoan the law. They have no confidence in the American judicial system, a system that far too often is made up of incompetent attorneys and judges, and a prosecution bias to get revenge rather than find justice.


For me, however, the challenge of taking on “the bastards” under these conditions keeps me going night in and night out. I have a few “cards up my sleeve” that keep me going.


First, to almost every man here, I am “lawyer Larry”. Guys know I bust my butt to help them. Their confidence in me keeps me going.


Second, my cousin is an amazing researcher. Any case I need, any statute, study or legal article I can think of gets mailed in to me. Thanks to her and her husband I have a more update law library in my footlocker than the prison provides.


Third, I know how to type. Even on the old Selectrics. I can kick out almost 70 words a minute.


Fourth, they can throw me in prison, but they can’t take away all I learned as an undergraduate, in law school and practicing law and working in business. I know what cases say, I know what statutes mean.


And finally, I give a damn. Too often, guys get short-changed by both court appointed and hired lawyers who are too busy, too lazy, or too stupid to bother to properly prepare their cases for trial. They quickly agree to plea deals without adequately investigating the case or the ramifications of the plea.


With all that, I’m kept busy by the law. Here’s a legal primer on issues every inmate brings up.


I. Conditional Pardons. The Governor has the power to alter any criminal sentence as he sees fit. Inmates may apply every two years if turned down. The request goes through the office of the Secretary of the Commonwealth. You don’t have to be innocent to get a pardon. The Governor can convert your prison term to supervised probation if he wants.


II. Habeas Corpus. Under the Sixth Amendment to the U.S. Constitution, a defendant has a right to “effective assistance of counsel”. Inmates file Petitions for Writs of “Hab” to get their convictions set aside and force the state to retry them.


It’s a difficult process. There are significant time limitations that trap many unsophisticated inmates. The law also presumes (1) that your attorney was effective [there are cases where lawyers were drunk or asleep during the trial and the courts held counsel was effective]; and (2) that the underlying trial, conviction and sentence were properly entered.


It’s a difficult process. Most lawyers don’t understand it, yet each day inmates representing themselves do legal battle with all the power the Virginia Attorney General’s office can muster. That any inmate can succeed under these conditions is amazing. That so many do is remarkable.


III. §1983 claims. Inmates are entitled to certain basic rights. The Constitution applies even in prison. Bad health care, corrupt officers, religious discrimination, censorship, all those issues are addressed by inmate suits under federal law. As I’ve previously written, this year DOC has taken a beating in Federal Court on a number of issues.


The bureaucracy of DOC is astounding. They pick fights and push issues that bear little rational relationship to their stated purpose, namely to house and rehabilitate incarcerated prisoners.


You would think a criminal justice institution would understand and properly apply the law. Sadly, that is not the case. §1983 suits continue to flourish and taxpayers continue to spend millions a year in legal fees and expenses to defend DOC in inmate suits seeking Constitutional protection.


Inmates file hundreds, even thousands of grievances, writs for legal redress, even crazy suits (one sought to have his social security number removed and be declared an unincorporated person; “they can’t imprison an unincorporated person”) in an attempt to either “get justice” or “stick it to the man”.


Legally speaking, men desperate for justice, men who feel the system isn’t fair, will try anything to be heard. So much money being wasted because the system is broken and corrupt; so much work for a lawyer.