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
They might have to wait until their case is heard. Our advice is to tell your son's attorney that they wish to be married and see if they can get permission from the court (ask the judge, not the prosecutor). If they were to be married, they could not testify against each other, maybe the prosecution doesn't want that to happen.
Subject: Law questions - legal terms
There needs to be a motion filed with the Court requesting a hearing for the reasons stated above. This isn't a simple as making a phone call. We would recommend using an attorney. If there are errors by the government, your inmate is entitled to free representation to address these errors if they exist.
Subject: Law questions - legal terms
Depends on who he pissed off. They could see him the next day or he could sit for weeks if he did comething that really made the judge or the prosecutor angry.
Subject: Law questions - legal terms
Unfortunately no, you cannot turn the clock back and resubmit a new PSI. If his attorney advised him to withhold this information, they should lose their license to practice law as this advice clearly has no clue about post-conviction law. More and more we hear of sad situations where the attorney interjects a thoughtless and moronic advice in an area most have no clue about. The one thing your husband might do is sue the attorney for "Ineffective Assistance of Counsel".
This is not...
Read moreSubject: Law questions - legal terms
You can check with the Clerk of the County Court and ask if "Person XYZ" has been indicted. They are not the enforcement division, so you need not fear that this question will alert them to stir something up. This is where the lawyers file their motions and briefs, the people working there are "clerks of the court".
Subject: Law questions - legal terms
Yes, they can. Most outgoing mail in not disturbed. The incoming mail is read however. We would still caution your inmate about putting too much information in a letter. If the case has not been tried yet, we think a better option would be to mark those type of letters "LEGAL MAIL" at the top and bottom of each letter. That would protect the inmate's privacy and if the contents of the letter were to be obtained, the court would...
Read moreSubject: Law questions - legal terms
Confidential means private or personal. There is no provision that allows for the naming of a confidential informant (CI) after a case is over. If he took the case to trial, the law would allow the accused to face the accuser. He waived that right when he took the plea. Sometimes there is no CI, the prosecution is good at bluffing defendants into taking a deal saying there is a CI when none exists.
Subject: Law questions - legal terms
This may be found at the Clerk of the Court's Office in the jurisdiction where the offender was charged and sentenced. Your inmate would have access to this document as they are required to receive a copy that they sign, acknowledging receipt.
Subject: Law questions - legal terms
A writ of habeas corpus is a court order to a person or agency holding someone in custody (such as a warden) to deliver the imprisoned individual to the court issuing the order and to show a valid reason for that person's detention.
If it is taking too long to get your case heard, you can use a motion the writ of habeas corpus, which in Latin literally means "we command that you produce the body", to get brought before the judge. This writ has been an instrument...
Read moreSubject: Law questions - legal terms
Yes, and it happens more often than people expect. Understanding how requires knowing a bit about how drug possession and constructive possession laws work.
Physical possession means the drugs were on your person. Constructive possession means the prosecution is arguing that you had control over or access to drugs even if they were not physically on you. If your fiance was present in a vehicle, a residence, or another shared space where drugs were found on someone else, prosecutors can argue...
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