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
He would have to have a lawyer file the motion with the Clerk of the Court. It would be difficult (but not impossible if he is sharp) to write a motion and mail it to family court. If he does this, you as the opposing party will be notified by mail of the motion and the allotted time to respond. The whole process could take months to accomplish. The judge might be reticent to rule on it until your husband can
Read moreGo to the County Clerk and ask for all documents related to that person's case. You will need to know where the charges were filed to get the correct information.
Read moreThe First Step Act is for eligible federal inmates, state inmates are not including in this new law. There are a number of offenders are excluded from receiving earned time credits. These include (but are not limited to) fentanyl traffickers, heroin or methamphetamine traffickers who played a leadership role in the crime, sex offenders, some immigration offenders, all 18 U.S.C. § 924(c) offenders (any crime where a firearm was involved), and people convicted of other violent offenses. This a new system
Read moreContact the Clerk of the Court in the jurisdiction where she was charged. They will have the court dates for all upcoming dockets
Read moreYou will have to file a motion with the Court to request discovery documents. If you do not know how to write a motion, you will need an attorney to do this for you.
Read moreA motion for discovery is a motion made to the court by the party of a criminal proceeding or civil lawsuit to obtain information or evidence regarding the case. As an example, a motion of discovery provides the defendant with notes made by an FBI agent during or shortly after interviewing a potential witness.
Read moreYou would only know by checking previous filings with the Court to see the name and signature of the attorney on the documents. There are no other methods other than getting that information from the defendant/inmate
Read moreNothing is free. You can reduce the overall cost if you do not use a lawyer, then the only cost is the filing fee is for the court (which might be a couple of hundred dollars)
Read moreNot a good idea. More than likely, the person with a warrant will be held and picked up by the jurisdiction where the warrant was issued.
Read moreIndictments have nothing to do with sentencing issues or guidelines. They are a formal naming of a person to a particular crime. It's common for charges to result in an indictment that long after arrest. You're innocent until proven guilty in a court of law, so no, an indictment by itself doesn't mean automatic jail time. To obtain an indictment against a suspected criminal, the prosecutor must present their case to a grand jury. A grand jury is a jury made of a group of 16-40
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