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
Not easily. After the conviction and the sentence the only left to do is to restore your rights as a citizen. At this point the only people that can "erase" the conviction is the President of the United States for a federal crime and a Governor of the state you were convicted of if a state crime.
Read moreThere are no programs per se that will have any substantive legal assistance for your son. The "system" is set up for plea bargains. Without proper legal representation, the accused has little if any way to prevail at trial. The "free" public defender is not going to be a seasoned courtroom battler, therefore getting released via court victory is nearly impossible. Real trial lawyers that are used to fighting in open court are rare and very expensive. If your son
Read moreYes, all state prisons have a law library within their education department. Most facilities have computers with the information stored which makes searching for specific laws and cases easier. There are some incredibly bright and clever inmates that work in this department. These inmates have great insight into how best to approach their legal quandary - some even charge several bags of tuna for their help.
Read moreAppeals are costly and largely yield a negative outcome. A successful appeal needs a specialist and a decent case (one where many judicial errors were made) for them to have a slim chance of prevailing. Sex offender cases are especially tough. In our opinion, unless there is DNA evidence that exonerates the offender, they rarely come out the way you hope. Sometimes the appellate route is for your conscience. You feel like you need to spend every dollar you
Read moreYes you can get temporary custody but you should definitely consult a family law attorney to make certain that the paperwork is on point.
Read moreUsually there is no expiration date on the warrant. As long as the judge keeps the warrant active, the sheriff will have the obligation to serve the arrest.
Read moreYes, inmates retain civil rights, including the right to seek legal protection from harassment and a no-contact order is available to them even while incarcerated. The process is more complicated than it would be on the outside but it is not impossible. The starting point for an inmate seeking a no-contact order is filing a petition in the civil court of the jurisdiction where the harassment is occurring or where the harassing party is located. This typically means a
Read moreYou can go to the Clerk of the Court and ask for the actual case. This is where the lawyers go to get their documents and unless the judge seals the case, anyone can pay for the printing of and receive the transcripts of trial, the sentencing, everything.
Read moreRestraining orders can only be dissolved by a court order. Even if a separated couple reconciles, the restraining order still is enforceable. Moreover, it is not automatic that a court will dissolve a restraining order even if the parties reconcile. It is important to emphasize that the apparent reconciliation between people with a long history of domestic violence seldom marks the end of difficulties. It would be unwise and improper to reconcile if a restraining order is still in force.
Read moreIf you mail your inmate the Power of Attorney document, he can go to the unit secretary and have it notarized when a notary comes to the institution (usually a couple times per month for this very reason).
Read more