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
Appeals are costly and largely yield a negative outcome. A successful appeal needs a specialist and a decent case (one where many judicial errors were made) for them to have a slim chance of prevailing. Sex offender cases are especially tough.
In our opinion, unless there is DNA evidence that exonerates the offender, they rarely come out the way you hope. Sometimes the appellate route is for your conscience. You feel like you need to spend every dollar you can to...
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Yes you can get temporary custody but you should definitely consult a family law attorney to make certain that the paperwork is on point.
Subject: Law & court questions - legal terms
Usually there is no expiration date on the warrant. As long as the judge keeps the warrant active, the sheriff will have the obligation to serve the arrest.
Subject: Law & court questions - legal terms
Yes, inmates retain civil rights, including the right to seek legal protection from harassment and a no-contact order is available to them even while incarcerated. The process is more complicated than it would be on the outside but it is not impossible.
The starting point for an inmate seeking a no-contact order is filing a petition in the civil court of the jurisdiction where the harassment is occurring or where the harassing party is located. This typically means a restraining order...
Read moreSubject: Law & court questions - legal terms
You can go to the Clerk of the Court and ask for the actual case. This is where the lawyers go to get their documents and unless the judge seals the case, anyone can pay for the printing of and receive the transcripts of trial, the sentencing, everything.
Subject: Law & court questions - legal terms
Restraining orders can only be dissolved by a court order. Even if a separated couple reconciles, the restraining order still is enforceable. Moreover, it is not automatic that a court will dissolve a restraining order even if the parties reconcile. It is important to emphasize that the apparent reconciliation between people with a long history of domestic violence seldom marks the end of difficulties. It would be unwise and improper to reconcile if a restraining order is still in force....
Read moreSubject: Law & court questions - legal terms
If you mail your inmate the Power of Attorney document, he can go to the unit secretary and have it notarized when a notary comes to the institution (usually a couple times per month for this very reason).
Subject: Law & court questions - legal terms
The list of cases that are awaiting trial or other settlement, often called a trial list or docket. A special calendar is an all-inclusive listing of cases awaiting trial; it contains dates for trial, names of counsel, and the estimated time required for trial. It is maintained by a trial judge in some states and by a court clerk in others.
TBC - "to be calendared" means that the case it's referring to has yet to be placed on the...
Read moreSubject: Law & court questions - legal terms
Federal and state laws govern the establishment and administration of prisons as well as the rights of the inmates. Although prisoners do not have full Constitutional rights, they are protected by the Constitution's prohibition of cruel and unusual punishment (see Amendment VIII). This protection requires that prisoners be afforded a minimum standard of living. Prisoners retain some other Constitutional rights, including due process in their right to administrative appeals and a right of access to the parole process. The Equal...
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Each state has its own policy regarding visitation for death row prisoners. In general, prison officials have wide latitude to craft policies, including visitation policies, that maintain institutional security and inmate discipline. Inmates sentenced to death are housed at the highest security prison in the Department of Correction They may be held in different facilities than inmates with life without parole.
Death row inmates are subject to more restrictions than inmates sentenced to life without parole including:
1. death row inmates...
Read moreSubject: Law & court questions - legal terms
Prisoners who have been in the system for longer than a year typically do not make much income. In fact, they may not even make enough to be required to file taxes. If the inmate does not have an outside prison source of income, they do not likely make enough money from inmate wages.
Subject: Law & court questions - legal terms
Social Security or Supplemental Security Income (SSI) payments programs prohibit payments to most inmates.
They will suspend your Social Security benefits if you are confined to a jail, prison or other penal institution for more than 30 continuous days due to a criminal conviction. Although you can’t get monthly Social Security benefits while you are confined, we will continue to pay benefits to your dependent spouse or children as long as they remain eligible.
If you get SSI, they will...
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This is a serious set of charges with a decent amount of illegal drugs. The sentencing guidelines are harsh. Is he being prosecuted by the sheriff's department or the FBI? We need to know if it is a state charge or a federal charge. Unfortunately, first-time offenders are not afforded much of a break and with mandatory minimum sentencing guidelines in place the sentence could be hefty. Here is our best advice: Most private attorneys are not worth what you...
Read moreSubject: Law & court questions - legal terms
There is no real quick way to speed up extradition. You will have to let the process play out. This is done sometimes to sweat the inmate into a plea agreement. Finding a good attorney is not the easiest thing to do or the cheapest. You will have to talk with your daughter and get a feel for her case.
No one really "knows a good criminal attorney" unless they have been through a criminal TRIAL and been found not-guilty....
Read moreSubject: Law & court questions - legal terms
You can go straight to the source, the Clerk of the Court where your son was arraigned. Ask the person answering the phone the name of the judge presiding over the case and that you would like a written copy of the charges. You might have to pay a small fee for the information. This is where attorneys go to get their information to handle their cases, they often have to pay a small amount for copying charges. You are...
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