The legal system speaks its own language and the documents, notices, and proceedings families encounter during incarceration are full of terms that are never explained. This section covers the legal terminology that appears most frequently in criminal cases and correctional settings, from arraignment and adjudication to 2255 motions, writs of habeas corpus, substantial assistance, and supervised release. It also covers practical legal questions about attorney rights, the difference between a public defender and private counsel, what a defense investigator does and how to get one appointed, and how to navigate post-conviction legal options when the original trial is over. The answers here are written in plain language for families and inmates who need to understand what is happening in their case without a law degree. For complex legal situations always consult a qualified attorney. This section helps you ask the right questions. See also our sections on Post Conviction Appeals, Sentencing Questions, and Pending Criminal Charges
Subject: Law & court questions - legal terms
Nothing is free. You can reduce the overall cost if you do not use a lawyer, then the only cost is the filing fee is for the court (which might be a couple of hundred dollars)
Subject: Law & court questions - legal terms
Not a good idea. More than likely, the person with a warrant will be held and picked up by the jurisdiction where the warrant was issued.
Subject: Law & court questions - legal terms
Indictments have nothing to do with sentencing issues or guidelines. They are a formal naming of a person to a particular crime. It's common for charges to result in an indictment that long after arrest. You're innocent until proven guilty in a court of law, so no, an indictment by itself doesn't mean automatic jail time.
To obtain an indictment against a suspected criminal, the prosecutor must present their case to a grand jury. A grand jury is a jury made of a group of 16-40 local citizens...
Read moreSubject: Law & court questions - legal terms
A pretrial hearing is a meeting that occurs before a trial action begins, attended by the plaintiff, the defendant, the judge, the lawyers, and maybe other involved parties. Pretrial hearings aim to resolve some of the legal issues before the trial begins where the judge is informed of such things as whether the parties are ready for trial, have all of their witnesses lined up, motions that may still be pending and the status of negotiations if any.
The judge will usually issue an immediate response to any issues raised during a pretrial conference. The judge...
Read moreSubject: Law & court questions - legal terms
The sure-fire way is to contact someone at the Clerk of the Court in the county where this is being tried.
Subject: Law & court questions - legal terms
Deposing an incarcerated person in a civil matter is significantly more complicated than a standard deposition, and most correctional facilities do not accommodate it without a court order compelling their participation.
The standard approach that most facilities will accept is written interrogatories rather than a live deposition. The inmate receives written questions, prepares written answers, and has those answers notarized at the facility. Notarization is available at most correctional institutions through the facility's legal staff or a visiting notary. This process...
Read moreSubject: Law & court questions - legal terms
No, and missing the hearing actually made the situation significantly worse rather than better.
A protective order exists to protect the person who requested it, not to accommodate the person it was issued against. The individual subject to the order has no standing to unilaterally request its removal, and a judge is not going to lift a protective order simply because the restrained party wants it gone. The only person who can initiate a modification or dismissal of a protective order...
Read moreSubject: Law & court questions - legal terms
It can definitely be done. But, you will have to have your lawyer do the coordinating. They know how the system works and getting all parties on the same page in goping to take some level of effort to accomplish.
Subject: Law & court questions - legal terms
All offenders will be afforded free legal counsel if they are unable to pay on thier own.
Subject: Law & court questions - legal terms
A restraining order creates legal obligations for the person it is issued against, not necessarily for the facility housing them, and that distinction matters for both questions here.
On the letter, the facility's mailroom staff have no access to restraining order information and no mechanism to screen incoming mail based on civil protective orders. A letter mailed to an inmate reaches them through the standard mail process regardless of any restraining order that exists between the sender and the recipient. The...
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Yes, we have all gone through the process and although we are not lawyers, the system operates in a way where lawyers take advantage of people who don't know what is coming. We have experience from the side of the defendants, seen all the dirty tricks and paid the lawyers to navigate through all phases. We are very confident you will get an insight a real lawyer wouldn't tell you until after you paid them money they'll never refund.
Subject: Law & court questions - legal terms
No, its a step necessary for re-entry. We would caution your inmate to be careful not to violate while there for a short time.
Subject: Law & court questions - legal terms
It depends on the circumstances of the conviction. If there was a guilty plea involved, part of the language in that plea would have included a clause that forfeits any right to appeal at a later date.
Subject: Law & court questions - legal terms
They might have to wait until their case is heard. Our advice is to tell your son's attorney that they wish to be married and see if they can get permission from the court (ask the judge, not the prosecutor). If they were to be married, they could not testify against each other, maybe the prosecution doesn't want that to happen.
Subject: Law & court questions - legal terms
Depends on who he pissed off. They could see him the next day or he could sit for weeks if he did comething that really made the judge or the prosecutor angry.
