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Subject: Law questions - legal terms
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.
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...
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Subject: 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...
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Subject: 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.