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
There is no classification of a reliable witness. The prosecution can call ANYONE to testify, and often uses convicted felons in their case. It is up to the defense counsel to impeach the convicted felon's testimony on cross examination. This is normal in trial, where there are co-defendants ratting on each other. You need an experienced trial lawyer with a history of actually "going to trial" and not just taking your money and pleading out.
Read moreOnly if the charges are capital crimes and of a high profile nature. Trying children as adults is rare, but you know from the news that it has happened on occasion, in murder cases especially.
Read moreThe short answer is "no", but there are circumstances we have heard where guards acted as "look-outs" so that a fight could happen. If that were proven true, there might be a lawsuit an attorney might take on. But, we are not attorneys. An inmate can start by filing grievances with the administrative staff. We encourage him to copy all correspondence to someone on the outside to have a "paper trail" of their concerns. If he was not injured too
Read moreOn it's face it can be really bad. What was to related charges to the conspiracy? If the offender has a felony, the firearm is an automatic five years in federal Conspiracy to do what is a major issue in what might happen.
Read moreYes
Read moreYes, finding out what fines, fees, or restitution an inmate owes is possible and paying them on behalf of your loved one is something families do regularly. The Clerk of Court The fastest and most direct source is the Clerk of Court in the jurisdiction where the case was heard and the sentence was imposed. Call them directly and ask for the outstanding balance on the case. You will need the case number if you have it, or
Read moreThe prisons do not keep inmates beyond their release date unless there is something like a detainer or that the inmate caught a new charge. You can contact the judge's office who originally sentenced him and see what the actual sentence was. And then the clerk of the court to see if there is anything pending in that jurisdiction.
Read moreYes, within reason. It also helps if the attorney makes a contact at the jail so that they can arrange for as many calls and visits as is necessary. The good lawyers know how to navigate the system.
Read moreIf there was evidence that was not presented at trial, you can file an appeal. If you plead guilty, there is probably very little you can do.
Read moreCall the Clerk of the Court in the county they are being held. They will have all of the documents pertaining to their case and any and all court filings, including a trial or sentence
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