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
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.
Read moreThe 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.
Read moreThe 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 -
Read moreNo. This is a prison rumor, and versions of it have been circulating through correctional facilities across the country for decades. The specific details change depending on the state, the year, and who is telling it, but the pattern is always the same. A specific date, a specific fraction of time, and a specific category of inmates. It sounds credible because it is specific, and it spreads fast because everyone inside wants it to be true. Sentence reduction legislation
Read moreThat is a pretty general question. The easy answer is "fire him" and get another attorney
Read moreA gag order is a legal directive issued by a judge that restricts what certain parties can say publicly about an ongoing case. The purpose is to protect the integrity of legal proceedings by limiting outside influence, preventing prejudicial publicity, and ensuring that a case gets decided on evidence presented in court rather than information circulating in the media or public sphere. Gag orders are typically directed at specific parties involved in a case, which can include the defendant,
Read morePlease be mindful that we are not attorneys. It seems like there are a lot of things happening at once that will make guessing at an outcome impossible. You should definitely get with your attorney and ask them these questions
Read moreThe Scottsdale Crime Laboratory scandal was a significant and well-documented failure in forensic reliability. At the center of it were blood-alcohol testing machines that were found to be producing unreliable results, compounded by administrative failures that allowed faulty equipment to remain in service longer than it should have. Among the most troubling revelations were cases where individuals had pleaded guilty to DUI charges despite blood test results that came back negative, suggesting that the legal process moved faster than the
Read moreCorrectional facilities do not provide legal services for civil matters like bankruptcy. Inmates have access to a law library and in some cases limited legal assistance for matters directly related to their criminal case, but civil financial filings are handled entirely outside the facility. On whether your family member can file for bankruptcy while incarcerated, the short answer is that it is possible but not straightforward, and you need an attorney to confirm whether there are any impediments specific
Read moreStop cooperating immediately and hire an attorney. That is the short answer, and it applies regardless of how far cooperation has already gone. Here is why this matters. The offer being described, release on recognizance, delayed sentencing, reduced charges, and a substantial sentence reduction, is significant. That is exactly the kind of offer that needs a defense attorney reviewing every word before your family member says or signs anything else. Prosecutors make these offers because the cooperation has value
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