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
When an offender is released to halfway house, they are still "property" of the state until that period of re-entry is complete. Halfway house is a privilege and probably came with some good time credits which allowed them released several months before the sentence ended. This violation might cause your friend to have to complete the entire sentence "inside". It is unlikely that the offender will get extra time as the "escape" would have to be more egregious. Running...
Read moreSubject: Law & court questions - legal terms
That sounds very open-ended. Material witness holds are indefinite. He does not have to "know" the defendants in the case, if he saw something, they are keeping him for testimony as to what he saw, where he saw it and when. The troubling aspect of your question is the immigration issue which sounds like he might be deported upon release.
Subject: Law & court questions - legal terms
If you are telling us the whole truth and there is no other criminal history (depending on the state this occurred), you should end up getting a PreTrial Intervention/Deferred Prosecution Agreement which will likely lead to a dropping of the charges once you've completed all of the court's requirements. Expect a fine in the neighborhood of $200. We would recommend contacting the Clerk of the Court and find out who the Public Defender would be in your case. Write them...
Read moreSubject: Law & court questions - legal terms
The real question is how did he get released? You can only get redress if you press charges. You cannot expect the legal process to help you if you are not willing to sever the relationship and go after him criminally and civilly. Domestic abuse cases would proceed with vigor if the victims stop protecting their attackers.
Subject: Law & court questions - legal terms
Depending on the state where the nisi order was filed, it generally is a "dismissal for failure to act on default
". For example, where an action has remained on the docket for eight months without an answer or defensive motion having been filed by any defendant, the Clerk-Magistrate shall enter an Order Nisi for Dismissal advising the plaintiff that a Judgment of Dismissal will be entered 30 days from the date of the Order unless the plaintiff either (1)...
Read moreSubject: Law & court questions - legal terms
Appealing one's sentence before the Appeals Court is a long shot in most cases. We recommend finding an expert lawyer that not only handles only appeals but one that specializes in the exact type of conviction your inmate was handed down. Appellate Court is no place for an inmate, nor will they be allowed to attend. This is for the prosecutor from the original case and your lawyer who will argue the points in the filing that got the hearing...
Read moreSubject: Law & court questions - legal terms
This is an ARREST ORDER for someone who has been indicted by a grand jury or an affidavit from law enforcement personnel
Subject: Law & court questions - legal terms
If her deferred sentence is accelerated, she will actually receive a felony conviction. Whether she will have to serve all or some part of the original sentence is up to the judge. Her court costs will also rise because of the motion to accelerate and the bogus check charge. She should seek counsel so that this does not get out of control.
For some defendants in criminal cases, a deferred sentence is a way not only to avoid jail, but also...
Read moreSubject: Law & court questions - legal terms
If he has a good post-conviction attorney and the facts bear out as you suggest that might be a strong reason to overturn the denial of motion. Anything is possible but, the statistics are not in the inmate's favor as only about 10% of appeals are successful.
Subject: Law & court questions - legal terms
When a court-appointed attorney identifies a conflict of interest, which is exactly what happened here when the same attorney is already representing another party in the same case, they are ethically and legally required to withdraw from representation. That is actually the system working correctly even though it feels like a setback in the moment.
The question of whether she has to wait until the December 31 bail hearing to get a new attorney is worth pushing back on rather than...
Read moreSubject: Law & court questions - legal terms
No, but it depends on what is being said about the case. Since all of the calls are being taped, and might end up as evidence in the courtroom, the attorney in question might be giving the inmate good advice to remain silent. Why talk about a case when the other side can hear what you're saying. If the offender implicates themselves in the conversation, you'll will wish you never spoke on that phone line.
Subject: Law & court questions - legal terms
No, and inmate's sentence cannot be changed without one of the two sides filing a motion to change the sentence. If the prosecution wants more time added to a sentence, they file a motion and give their reasons. They have to deliver this motion to the defense side upon filing. If the judge ruled against the offender, there would definitely be a notice.
The RSTAT program is the Residential Substance Abuse Treatment for a State Prisoner. There may very well...
Read moreSubject: Law & court questions - legal terms
The only way that cases get reopened is where there is DNA that can unequivocally prove their innocence. If this is a potential DNA case, you should contact the Innocence Project. There will be no more trials or appeals at this late stage as the time to file would have expired.
Subject: Law & court questions - legal terms
The Miranda Statute is a very serious element to the arrest and arraignment of an offender. Depending on their circumstances, law enforcement is pretty thorough about reading an arrestee their rights. If they are taken into custody without being Mirandized, there is a motion your attorney can file for release based upon this - but be very sure that this advise actually fits the facts in this case.
Subject: Law & court questions - legal terms
The warrant does not "go away". The issuing judge has probably already given your information to the authorities in the district where the warrant was issued. If it is federal, you should contact an attorney and make arrangements to turn yourself in because the US Marshals will find you. If they have to pick you up, you will find it difficult to get released on bail. Take our strong advice, you want to resolve this as soon as possible -...
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