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
You can check with the Clerk of the County Court and ask if "Person XYZ" has been indicted. They are not the enforcement division, so you need not fear that this question will alert them to stir something up. This is where the lawyers file their motions and briefs, the people working there are "clerks of the court".
Subject: Law & court questions - legal terms
Yes, they can. Most outgoing mail in not disturbed. The incoming mail is read however. We would still caution your inmate about putting too much information in a letter. If the case has not been tried yet, we think a better option would be to mark those type of letters "LEGAL MAIL" at the top and bottom of each letter. That would protect the inmate's privacy and if the contents of the letter were to be obtained, the court would...
Read moreSubject: Law & court questions - legal terms
No, and the plea deal is the primary reason why.
Confidential informant identities are protected by law precisely because exposing them creates serious safety risks. The government has a strong interest in maintaining that protection, and courts consistently uphold it. Even in cases that go to trial, revealing a CI's identity requires meeting a high legal threshold and is far from automatic.
When your son accepted the plea deal, he waived his right to confront witnesses against him, which is the constitutional...
Read moreSubject: Law & court questions - legal terms
This may be found at the Clerk of the Court's Office in the jurisdiction where the offender was charged and sentenced. Your inmate would have access to this document as they are required to receive a copy that they sign, acknowledging receipt.
Subject: Law & court questions - legal terms
A writ of habeas corpus is a court order to a person or agency holding someone in custody (such as a warden) to deliver the imprisoned individual to the court issuing the order and to show a valid reason for that person's detention.
If it is taking too long to get your case heard, you can use a motion the writ of habeas corpus, which in Latin literally means "we command that you produce the body", to get brought before the judge. This writ has been an instrument...
Read moreSubject: Law & court questions - legal terms
Yes, and it happens more often than people expect. Understanding how requires knowing a bit about how drug possession and constructive possession laws work.
Physical possession means the drugs were on your person. Constructive possession means the prosecution is arguing that you had control over or access to drugs even if they were not physically on you. If your fiance was present in a vehicle, a residence, or another shared space where drugs were found on someone else, prosecutors can argue...
Read moreSubject: Law & court questions - legal terms
An inmate files for divorce like a citizen. They will need an advocate or a lawyer to file the papers and serve the spouse. There is no "other way" to do it... they need to get the documents filed with a judge for it to happen.
Subject: Law & court questions - legal terms
There is no classification of a reliable witness. The prosecution can call ANYONE to testify, and often uses convicted felons in their case. It is up to the defense counsel to impeach the convicted felon's testimony on cross examination. This is normal in trial, where there are co-defendants ratting on each other. You need an experienced trial lawyer with a history of actually "going to trial" and not just taking your money and pleading out.
Subject: Law & court questions - legal terms
Only if the charges are capital crimes and of a high profile nature. Trying children as adults is rare, but you know from the news that it has happened on occasion, in murder cases especially.
Subject: Law & court questions - legal terms
Yes, and there is legal precedent for inmates winning significant awards in exactly this kind of situation.
The Eighth Amendment to the Constitution prohibits cruel and unusual punishment, and courts have consistently held that prison officials have a legal duty to protect inmates from known dangers. When staff are made aware of a threat or an actual attack and deliberately do nothing, that indifference can rise to the level of a constitutional violation. Cases where guards have been proven to act...
Read moreSubject: Law & court questions - legal terms
On it's face it can be really bad. What was to related charges to the conspiracy? If the offender has a felony, the firearm is an automatic five years in federal Conspiracy to do what is a major issue in what might happen.
Subject: Law & court questions - legal terms
Usually, no, not for the same property in the same case.
The law generally treats these as mutually exclusive offenses:
Theft means the person actually took the property
Receiving stolen property means the person got it from someone else, knowing it was stolen
You cannot logically be both the thief and the receiver of the same item in the same incident.
What can happen instead:
Prosecutors may charge both initially while the case is being sorted out
As the case moves forward, they will typically pursue one or the other, not both
A person might...
Read moreSubject: Law & court questions - legal terms
Yes, finding out what fines, fees, or restitution an inmate owes is possible and paying them on behalf of your loved one is something families do regularly.
The Clerk of Court
The fastest and most direct source is the Clerk of Court in the jurisdiction where the case was heard and the sentence was imposed. Call them directly and ask for the outstanding balance on the case. You will need the case number if you have it, or the inmate's full legal...
Read moreSubject: Law & court questions - legal terms
The prisons do not keep inmates beyond their release date unless there is something like a detainer or that the inmate caught a new charge. You can contact the judge's office who originally sentenced him and see what the actual sentence was. And then the clerk of the court to see if there is anything pending in that jurisdiction.
Subject: Law & court questions - legal terms
Yes, within reason. It also helps if the attorney makes a contact at the jail so that they can arrange for as many calls and visits as is necessary. The good lawyers know how to navigate the system.
