Law Questions - Legal Terms — Ask the Inmate
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
Having a motion to vacate or modify a no-contact order denied once is frustrating. Having it denied five times is a signal that the court has significant reasons for keeping that order in place and that the current approach needs to change. Here is an honest assessment of why this keeps happening and what options remain. Why courts repeatedly deny these motions No contact orders in cases involving children or domestic situations are taken extremely seriously by
Read moreYeah, it's called the Public Defender's Office.
Read moreThis depends on what the charges are. We highly recommend having her turn herself in and face the judge that issued the warrant once she has consulted an attorney that knows the people in the prosecutor's office. She will feel 100% better putting this behind her.
Read moreOnce you file your writ of habeas corpus, the government must present valid reasons for your imprisonment. If the government cannot provide convincing reasons to the court, then you should be released from government custody immediately. When a petition for a writ of Habeas Corpus is granted, it means you are granted another day in court. You are given one last chance to prove that you are being subjected to unconstitutional conditions while incarcerated.
Read moreNo, it needs to be requested by an attorney on record
Read moreThe only legal way to gain access to that information is through the "discovery process" of a civil lawsuit. If this is a legitimate complaint, the theft of federal funds will have the FBI investigating. THEY can and already have those emails if they ever existed
Read moreYou need to contact someone at the Clerk of the Courts where your husband caught his charge and file a formal complaint.
Read moreYes, you can do that. Just mail the information and he can get the doc notarized by someone in the main office. It might take a couple of weeks for the entire process.
Read moreYou will have to contact the inmate's counselor or case manager to find out what the procedure is for the signing of legal documents. It's not a hard process, as this is normal for these facilities.
Read moreWhen a defendant pleads guilty, they make a deal with the prosecutor. That deal is contingent upon a number of factors, but one factor is that the judge has the final say. There are cases where the recommended plea is not followed by the judge at sentencing. The problem with a plea is that once you say you are guilty, you give up all rights to file an appeal.
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