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 list of cases that are awaiting trial or other settlement, often called a trial list or docket. A special calendar is an all-inclusive listing of cases awaiting trial; it contains dates for trial, names of counsel, and the estimated time required for trial. It is maintained by a trial judge in some states and by a court clerk in others. TBC - "to be calendared" means that the case it's referring to has yet to be placed
Read moreFederal and state laws govern the establishment and administration of prisons as well as the rights of the inmates. Although prisoners do not have full Constitutional rights, they are protected by the Constitution's prohibition of cruel and unusual punishment (see Amendment VIII). This protection requires that prisoners be afforded a minimum standard of living. Prisoners retain some other Constitutional rights, including due process in their right to administrative appeals and a right of access to the parole process. The Equal
Read moreEach state has its own policy regarding visitation for death row prisoners. In general, prison officials have wide latitude to craft policies, including visitation policies, that maintain institutional security and inmate discipline. Inmates sentenced to death are housed at the highest security prison in the Department of Correction They may be held in different facilities than inmates with life without parole. Death row inmates are subject to more restrictions than inmates sentenced to life without parole including:
Read morePrisoners who have been in the system for longer than a year typically do not make much income. In fact, they may not even make enough to be required to file taxes. If the inmate does not have an outside prison source of income, they do not likely make enough money from inmate wages.
Read moreSocial Security or Supplemental Security Income (SSI) payments programs prohibit payments to most inmates. They will suspend your Social Security benefits if you are confined to a jail, prison or other penal institution for more than 30 continuous days due to a criminal conviction. Although you can’t get monthly Social Security benefits while you are confined, we will continue to pay benefits to your dependent spouse or children as long as they remain eligible. If you
Read moreThis is a serious set of charges with a decent amount of illegal drugs. The sentencing guidelines are harsh. Is he being prosecuted by the sheriff's department or the FBI? We need to know if it is a state charge or a federal charge. Unfortunately, first-time offenders are not afforded much of a break and with mandatory minimum sentencing guidelines in place the sentence could be hefty. Here is our best advice: Most private attorneys are not worth what you
Read moreThere is no real quick way to speed up extradition. You will have to let the process play out. This is done sometimes to sweat the inmate into a plea agreement. Finding a good attorney is not the easiest thing to do or the cheapest. You will have to talk with your daughter and get a feel for her case. No one really "knows a good criminal attorney" unless they have been through a criminal TRIAL and been
Read moreYou can go straight to the source, the Clerk of the Court where your son was arraigned. Ask the person answering the phone the name of the judge presiding over the case and that you would like a written copy of the charges. You might have to pay a small fee for the information. This is where attorneys go to get their information to handle their cases, they often have to pay a small amount for copying charges. You are
Read moreWhen an offender is released to halfway house, they are still "property" of the state until that period of re-entry is complete. Halfway house is a privilege and probably came with some good time credits which allowed them released several months before the sentence ended. This violation might cause your friend to have to complete the entire sentence "inside". It is unlikely that the offender will get extra time as the "escape" would have to be more egregious. Running where
Read moreThat sounds very open-ended. Material witness holds are indefinite. He does not have to "know" the defendants in the case, if he saw something, they are keeping him for testimony as to what he saw, where he saw it and when. The troubling aspect of your question is the immigration issue which sounds like he might be deported upon release.
Read more