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
Subject: Law questions - legal terms
A pretrial hearing is a meeting that occurs before a trial action begins, attended by the plaintiff, the defendant, the judge, the lawyers, and maybe other involved parties. Pretrial hearings aim to resolve some of the legal issues before the trial begins where the judge is informed of such things as whether the parties are ready for trial, have all of their witnesses lined up, motions that may still be pending and the status of negotiations if any.
The judge will usually issue an immediate response to any issues raised during a pretrial conference. The judge...
Read moreSubject: Law questions - legal terms
The sure-fire way is to contact someone at the Clerk of the Court in the county where this is being tried.
Subject: Law questions - legal terms
Most facilities do not provide a forum for inmates to participate in civil lawsuits. The best you could hope for is the inmate to submit answers to the plaintiff's interrogatories. The inmate may then have their written answers notarized there.
Subject: Law questions - legal terms
It can definitely be done. But, you will have to have your lawyer do the coordinating. They know how the system works and getting all parties on the same page in goping to take some level of effort to accomplish.
Subject: Law questions - legal terms
All offenders will be afforded free legal counsel if they are unable to pay on thier own.
Subject: Law questions - legal terms
Yes to the first question. The mail room staff would have no idea about the restraining order and the letter would reach the inmate. The second question is a little tricky. If he knows he has a restraining order and willfully breaks it, it will add to his current woes in dealing with the current charges he is being held for. However, the jail will probably not stop him from calling
Subject: Law questions - legal terms
At what point in the process is he in? Has he make a plea, is this in trial or going to trial? If he has not advanced to those stages he is entitled to a lawyer AND and investigator paid for by the state or feds (if a federal trial). Yes, an investigator... most people don't know you get the benefit of this too. If you have information feed an investigator you might be able to pull off a minor...
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Yes, we have all gone through the process and although we are not lawyers, the system operates in a way where lawyers take advantage of people who don't know what is coming. We have experience from the side of the defendants, seen all the dirty tricks and paid the lawyers to navigate through all phases. We are very confident you will get an insight a real lawyer wouldn't tell you until after you paid them money they'll never refund.
Subject: Law questions - legal terms
No, its a step necessary for re-entry. We would caution your inmate to be careful not to violate while there for a short time.
Subject: Law questions - legal terms
It depends on the circumstances of the conviction. If there was a guilty plea involved, part of the language in that plea would have included a clause that forfeits any right to appeal at a later date.
