‘We can’t sit back and allow the government to take people’s rights’: Attorney says Volusia inmates forced to pay to talk to lawyers

VOLUSIA COUNTY, Fla. — The Volusia County Jail is prohibiting in-person visitations for inmates, as many correctional facilities have due to the coronavirus pandemic.

But one thing the Volusia County facility has limited that others in the area haven’t: The way inmates are able to communicate with their lawyers.

Attorney Carlus Haynes said he has to pay to talk to his six clients at the Volusia County Jail.

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“I understand that this is desperate time, it’s a new time,” he said. “(But) you have an absolute right to speak to your attorney. Free of charge.”

The only way to contact a client is by paying for a phone call or video chat, which costs $7.50 for a 30-minute confidential video conference.

“While that doesn’t seem like it’s much, the Constitution isn’t for sale," Haynes said.

The Volusia County Jail is currently free of any COVID-19 cases.

Channel 9 reached out to seven other Central Florida counties and learned Volusia County alone charges private attorneys to talk to their clients.

Brevard and Flagler counties allow in-person visitation after attorneys pass COVID-19 screening and Seminole County allows lawyers and clients to meet with plexiglass in between.

Osceola, Marion and Flagler do something similar or have waived video conference fees for private attorneys.

READ: Lake County inmates sewing 10,000 masks to help keep local medical professionals protected during COVID-19 pandemic

Haynes said he is ready to take the issue to the Florida Supreme Court if Volusia County doesn't change its policy.

“We can't sit back and allow the government to take people's rights just because we're in uncharted territory. Eventually they'll come at your rights,” he said.

When contacted by Channel 9, Volusia County Jail officials said a third party operates the video conference system and handles the fees.

A jail spokesman said it has not asked to waive the fees for attorneys. They said the jail is considering opening the visitation center for attorney visits, but so far only one attorney has expressed concern so at this time is not considered a good use of funds.

Video: Brevard County Sheriffs Office implements infectious disease protocols at jail to protect staff, inmates In the midst of the COVID-19 pandemic, the Brevard County Sheriff's Office said it is doing what it can to protect inmates and staff from the virus.

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