Reviewed on: April 21,2026
Pending Criminal Charges

How can they detain him in the SHU without filing charges?

My husband was moved from CCA Med Sec in Cushing,Ok to OSP Max Sec in McAlester,Ok over a month ago due to a guard getting caught bringing contraband into the prison at CCA and saying that she was bringing it in for my husband. So CCA moves him to OSP and Internal Affairs in OKDOC states that he's involved in an open investigation but no charges have been filed against him at this time. Since he arrived at OSP he has been detained in the infirmary in a camera cell. The first 4 weeks he was not allowed to have anything, no toiletries, no phone privileges, no visits, not allowed to write, not allowed to receive mail, no canteen whatsoever and was not even allowed shower shoes. He was only able to have 1 book. This week, the 5th week, they've finally allowed him to have shower shoes and receive mail. They told him he's a political prisoner and give him no clue of how long he will have to stay in the camera cell with limited very privileges. Is there an OP or regulation or anything that states the amount of time that they're allowed to detain him in this manner without filing charges?

An inmate who is under investigation for conspiracy to smuggle contraband has basically no rights.
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Answered by a former federal inmate · 14+ years advising families
✓ Verified answer December 22,2015 · Pending Criminal Charges
1

An inmate who is under investigation for conspiracy to smuggle contraband has basically no rights. They are not entitled to a lawyer; they are not entitled to privileges afforded to other inmates. Privileges such as phone time, commissary and visitation may be taken away for months and months because they are not a basic inmate right; they are "an extra". Inmates lose sight of the fact that they are prisoners of the jurisdiction where they are sentenced. Some think that breaking a prison rule isn't going to worsen their situation but come to find out that it can and does get a lot worse.

The DOC has him in disciplinary segregation and will continue this course until they come to a conclusion to this contraband conspiracy. It is unlikely that he will get released for a while, as these things could take months to resolve. If he is allowed to [receive mail](https://www.inmateaid.com/letters), then do what you can to send him lots of letters and pictures. [Send him magazines](https://www.inmateaid.com/shop/magazines), anything to improve his situation if you are so inclined. If they decide to file charges, his situation could actually get worse, so let the process play out and hope for the best.

Accepted Answer Date Created: December 22,2015
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About this answer: This response was prepared by InmateAid’s editorial team in consultation with former inmates who have direct experience with the federal correctional system. InmateAid has served families of the incarcerated since 2012. This is general information only — not legal advice. Last reviewed April 2026.