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
It depends on the Statements of Fact entered into the plea or the Pre-Sentence Report prior to receiving sentence for a conviction.
Read moreA "yes" vote supports increasing parole and good behavior opportunities for felons convicted of nonviolent crimes and allowing judges, not prosecutors, to decide whether to try certain juveniles as adults in court. A "no" vote opposes increasing parole and good behavior opportunities for felons convicted of nonviolent crimes and favors keeping the current system of having prosecutors decide whether to try certain juveniles as adults in court. Those convicted of non-violent felony crimes who have served full sentences for their primary offense
Read moreThe short answer is that all felons know that they can NEVER be around a firearm, regardless of whose it is. If he was arrested and they found firearms, there is not going to be much of a chance to get that dismissed unless the warrant was dirty. We have seen felons get minimum of five years for as little as an empty shell casing in their garage from 30 years ago. It is a very serious offense
Read moreThis is NOT a new law, it is a misintrepation of THE law. This Missouri Supreme Court ruling is considered a "legislative blunder", we are not certain of it's impact on any of the few hundred pending cases. It is our opinion that thjey will all be fixed on January 1, 2017 and if you are to take advantage of the loophole, do so before the new year. The decision dealt with a felony theft case – State v. Bazell — in
Read moreYou will have to call the Cleark of the Court. They maintain all court schedules for hearings, trials and sentencing
Read moreYou have to go to the Clerk of the Court for that information.
Read moreYes, it is possible, but it depends entirely on the judge and coordination with the facility. A federal inmate at USP Lompoc will not be physically transported to a divorce trial. Courts do not require inmates to appear in person for civil matters like divorce unless there are very unusual circumstances. What usually happens instead is one of these options: Telephonic appearance If the judge wants to hear directly from the inmate, they can issue an order allowing the
Read moreLost or missing evidence is a serious issue that a competent defense attorney can challenge directly, and it needs to be challenged, not accepted. When law enforcement claims that video or audio evidence was lost, destroyed, or cannot be located, the defense has grounds to file a motion arguing that the loss was improper and that the court should draw an adverse inference, meaning the jury should be allowed to assume the missing evidence would have helped the defendant. This
Read moreMy boyfriend admitted to making a threat and is charged with felony criminal terrorist threat. He has a mental illness. How should he approach this case? This is a situation that genuinely requires a criminal defense attorney, not general advice from the outside. A felony terrorist threat charge with an admission to officers is serious, and the path forward depends entirely on the specifics of what was said, the circumstances around it, his mental health history, and the jurisdiction
Read moreIt is often said in the hallways of the courthouse, "the prosecution can indict a ham sandwich". Getting the alleged offender arrested is easy, the hard part is proving it in open court - especially if the defendant is innocent.
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