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
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
Most facilities do not provide a forum for inmates to participate in civil lawsuits. The best you could hope for is the inmate to submit answers to the plaintiff's interrogatories. The inmate may then have their written answers notarized there.
Subject: 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...
Read moreSubject: Law & court questions - legal terms
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.
