Legal words in plain English

It does not challenge the conviction or the sentence itself; that is what a 2255 motion is for. It is filed in the federal district where the person is held, and courts usually expect the prison’s own complaint process to be finished first.

It is not an appeal, and it usually comes after one. Most claims that the defense lawyer did a poor job belong here. It usually must be filed within 1 year of the day the conviction became final, and a person generally gets only one.

They include the person’s history and character, the crime itself, what the sentence needs to accomplish, the kinds of sentences available, and the guideline range. The judge must give a sentence “sufficient, but not greater than necessary.” Letters, records and the sentencing memorandum all speak to these factors.

Only the prosecutor can file it, and the judge decides how much less. On its own it does not allow a sentence below a mandatory minimum. For that, the prosecutor must also ask under a separate law, 18 U.S.C. § 3553(e).

It takes 2 levels off the offense level. If the offense level was 16 or more and the prosecutor files a motion, 1 more level comes off. Someone who goes to trial and denies guilt rarely gets it, which is part of the trial penalty.

After trying to settle it informally, the person files a BP-9 within 20 calendar days of the problem. If the warden’s answer doesn’t fix it, a BP-10 goes to the region within 20 days, then a BP-11 to the central office within 30 days. Keep a copy of every form and every answer.

Agents write one to get a search warrant or an arrest warrant. It tells the judge why they believe there is probable cause. The person who swears to it is called the “affiant.”

The judge must offer it. These are the person’s own words, not the lawyer’s. Saying nothing is allowed too, and that choice is best made with the lawyer ahead of time.

An appeal looks only at the record: what was said and filed in the district court. No new evidence comes in. In a criminal case the notice of appeal is due 14 days after the judgment is entered.

The judge must explain it at the guilty plea hearing. Even a broad waiver does not block every claim. A lawyer who ignores the client’s instruction to file a notice of appeal is ineffective, waiver or not.

People plead not guilty here because the lawyer has seen little of the evidence yet; a plea deal, if one comes, comes later. Reading the charges out loud is usually waived, which is fine as long as the person has read them.

The prosecutor can ask for a summons instead, which orders the person to come to court on a set date.

It protects the person charged, not the family. Talking about the case in front of other people, or on a recorded jail phone, can lose the protection. That is one reason the lawyer may not share details with the family.

When lawyers and judges say “the government,” this is usually who they mean. Each federal district has one U.S. Attorney, and the assistants in that office handle the cases day to day.

Federal judges rely more on conditions than on money, and a judge can’t set a money condition that keeps someone locked up. The decision is made at the detention hearing.

Each kind of crime has its own. Facts about the offense, the person’s role, acceptance of responsibility and other adjustments then move it up or down to the final offense level.

It happens only if the defendant gives up a jury in writing, the prosecutor agrees, and the judge approves.

The government has to prove every element of the crime to that standard. If it doesn’t, the verdict must be not guilty.

If the judge rejects it, the defendant gets the chance to take back the guilty plea. Most plea deals are not binding: a prosecutor’s promise to recommend a sentence is only a recommendation.

The duty applies whether or not the prosecutor meant to hide it. It includes evidence that would make a key government witness less believable, such as a promise of leniency in exchange for testimony.

It decides which prison, calculates the release date, and runs the programs that can shorten the time served. Its inmate locator, at www.bop.gov/inmateloc, shows where someone is once they are in its custody.

It is granted only on “a substantial showing of the denial of a constitutional right.” Ask the district court first, then the court of appeals. The notice of appeal is still due within 60 days of the denial.

It is due 90 days after the court of appeals’ judgment, and the Court chooses the few cases it takes. If no petition is filed, the conviction becomes final when the 90 days run out, and that starts the one-year clock for a 2255 motion.

Letters usually go to the lawyer first, early enough for the probation officer and the judge to read them. The law lets the judge consider any information about the person’s background, character and conduct.

CJA stands for the Criminal Justice Act. A CJA lawyer and a federal public defender do the same job: one is in private practice, the other works in a defender office. Either one can be very good, or not.

The clerk’s office can confirm whether something was filed and on what date. For someone inside, a family member can make that call.

Family can add money to that account. Federal prisons take money only through the Bureau of Prisons’ approved methods, listed at www.bop.gov. County and private jails use their own vendors, so check the facility’s website first.

The person must ask the warden first. They can go to court once the Bureau of Prisons’ process is finished, or 30 days after the warden got the request, whichever comes first.

The judge must hold one when there is reasonable cause to doubt it, and usually orders an evaluation first. If the person is found not competent, the case can’t go forward while they get treatment.

An agent usually swears to it before a magistrate judge. If the person is arrested on a complaint, the formal charges, by indictment or information, must follow within 30 days of the arrest.

Prison terms given at the same hearing run concurrently unless the judge orders otherwise or a law requires them to stack. Terms given at different times run consecutively unless the judge orders otherwise.

The judge must choose the least restrictive conditions that will reasonably make sure the person comes to court and keeps others safe. Breaking one can lead to an arrest and being held until trial.

Under the general federal conspiracy law, at least one of them must also take some step toward the goal. Other conspiracy laws, such as the one for drug crimes, have their own rules.

When the judge grants one because the “ends of justice” outweigh a speedy trial, that time doesn’t count toward the 70 days under the Speedy Trial Act.

Each count names the law it says was broken. A plea agreement says which counts the person pleads guilty to, and often which counts the prosecutor will dismiss.

Points for past sentences add up to a category; Category I is the least history. The category and the offense level meet on the sentencing table to give the range.

The name comes from a federal appeals court case. Federal rules also require the judge to ask questions whenever co-defendants share a lawyer, and to tell each of them about the right to a separate one.

Federal law sets the closing words: “I declare under penalty of perjury that the foregoing is true and correct. Executed on (date).” Then the signature.

Most departures were deleted from the Guidelines on November 1, 2025. The one families still hear about most is for cooperating with the government, under §5K1.1. When a judge goes outside the range for other reasons now, it is usually a variance.

The judge can recommend a prison, but the Bureau decides, and no court can review the choice. The law tells it to place people within 500 driving miles of home where it can, after security level, bed space and medical needs.

It usually happens at the first court date. If either side asks to put it off, the government can get up to 3 days and the defense up to 5, not counting weekends and holidays. The person can testify, call witnesses and question the government’s witnesses.

On request, it includes the defendant’s own statements, documents and objects the government will use or took from the defendant, and test reports. A judge can limit it with a protective order.

District judges are appointed for life. A magistrate judge handles many early hearings and other work for them.

Anyone can read it on PACER. Someone in jail can write to the clerk of court for a copy, with the case number and the jail’s mailing address. Checking it every month shows whether what the lawyer said was filed really was.

The presentence report lists every Guidelines enhancement it applies. Each one can be challenged with a written objection.

The person must show two things: they pursued their rights diligently, and something extraordinary stood in the way of filing on time.

In a 2255 case, the judge holds one when the papers can’t settle the facts, and must appoint a lawyer for a person who qualifies.

In a plea agreement they are usually written out and signed. Facts admitted there can raise the guideline range, so every line deserves a careful read before anyone signs.

People charged with a crime have a right to represent themselves, but the judge must warn them of the risks first. The judge can appoint a standby lawyer to help.

Each office is led by a Federal Public Defender appointed by the court of appeals, and its lawyers work only on federal cases.

A federal felony has to be charged by a grand jury indictment, unless the defendant agrees in open court to an information.

It is 10 days for every 30 days of programs, or 15 days for people rated minimum or low risk twice in a row. People convicted of certain listed crimes can’t earn them.

The indictment or information must warn that forfeiture will be sought. It can cover specific property or a money judgment. It is separate from a fine and from restitution.

The defense must first make a substantial showing, with proof attached. If the false statement was needed for probable cause, the warrant falls and the evidence from the search is thrown out.

Not every court holds them. They grew out of a Supreme Court case holding that a defense lawyer must tell the client about formal plea offers from the prosecutor.

It applies to sentences of more than one year. The Bureau of Prisons awards it, and can give less or none for breaking the rules.

At least 12 must agree to return an indictment. Only the prosecutors, the witness being questioned, an interpreter if needed and a court reporter may be in the room, so the defense has no lawyer there.

It comes from the sentencing table, where the offense level and the criminal history category meet. Since 2005 the Guidelines have been advisory: the judge must work out the range and consider it, but can sentence outside it.

The defendant may be put under oath, so every answer counts. With the defendant’s consent, a magistrate judge often holds it.

The Bureau of Prisons can place someone there for up to the final 12 months. It is still part of the prison sentence, not supervised release.

It is the part later cases rely on. The rest of what the judges wrote to explain themselves is called dicta. When a case is cited in a motion, the holding is what matters.

It can last up to 10 percent of the prison term or 6 months, whichever is shorter, and First Step Act credits can add to it. It is different from house arrest before trial, which doesn’t count toward the sentence.

Time spent on house arrest doesn’t count toward a federal prison sentence, however strict it is.

It lists each crime as a separate count, with the law it says was broken. It is worth reading closely, because it shows what the government says it will prove at trial.

Two things must be shown: the lawyer’s work fell below a reasonable standard, and there is a reasonable chance the result would have been different without the mistakes. These claims usually go in a 2255 motion.

For a felony, it can be used only if the defendant gives up the right to a grand jury in open court. That often happens as part of a plea deal.

It must happen without unnecessary delay after the arrest. The judge tells the person the charge, the right to a lawyer, and the right not to make a statement.

It is often left on a table in the house. After the search, it is the paper to find first, and to compare against what was there.

Deadlines run from it: the notice of appeal is due 14 days after it is entered. The conditions of supervised release are written in it too, so keep a copy.

The verdict must be unanimous. Whether to go to trial or plead guilty is the defendant’s decision, not the lawyer’s.

Magistrate judges usually hold the first court date and the detention hearing. In a 2255 case, one may hold hearings and write a report and recommendation for the district judge.

There are only narrow ways under it: a prosecutor’s motion for substantial assistance, before or after sentencing, or the safety valve for some drug crimes.

The right to stay silent works only if the person says clearly that they are using it. Silence alone, without saying so, may not stop the questions.

The other side usually gets to answer before the judge decides. Every motion filed, and the judge’s ruling on it, shows up on the docket.

It must be filed before trial. Winning is rare, but a strong motion can still change the plea talks.

Whether to appeal is the defendant’s decision. If the defendant asks, the lawyer must file it, even when the plea agreement waives the appeal. After a 2255 motion is denied, the deadline is 60 days.

Anything left unchallenged can be accepted as fact at sentencing, and the prison system will rely on the report for years. Errors are far easier to fix now than later.

Calls from jail are recorded, and what is said on them can be used to argue for it.

It starts at the base offense level and moves up or down for the facts of the case, the person’s role, acceptance of responsibility and other adjustments. It is the row on the sentencing table.

The person gives up a trial but gets no promises from the prosecutor in return. The reduction for acceptance of responsibility is usually still available.

Anyone can open an account. Pages cost 10 cents each, up to $3 for one document, and the fees are waived for anyone who runs up $30 or less in a quarter.

Today a federal prison sentence is served in full, less good conduct time and other credits. Supervised release, set by the judge, follows it.

It matters for First Step Act time credits: people rated minimum or low risk twice in a row earn 15 days instead of 10 for every 30 days of programs.

What matters is what the person actually gets for the rights they give up. The judge stays out of the talks. A promise to recommend a sentence does not bind the judge unless it is a binding plea agreement.

It must be held within 14 days of the first court date if the person is in custody, or 21 days if released. It doesn’t happen if a grand jury indicts first. Waiving it should get something real in return.

The defense gets it at least 35 days before sentencing and has 14 days to send written objections. The Bureau of Prisons relies on it long after sentencing, for the prison, the programs and more.

It covers, among others, drug charges with a maximum of 10 years or more and some gun charges. The defense can rebut it with evidence, such as a solid place to live, work and a third-party custodian. The book’s advice is to prepare as if it applies, whatever the charge.

In a federal case they are in the custody of the U.S. Marshals, usually in a county or private jail that holds federal prisoners under contract.

Its report goes to the judge before the detention hearing, often with a recommendation. The same office supervises many people who are released before trial.

Federal law allows it. Many 2255 motions are filed this way, because there is no automatic right to a lawyer for them.

It is much less than proof beyond a reasonable doubt. A judge must find it before signing a search warrant or an arrest warrant.

It isn’t allowed for the most serious felonies, or for crimes where a law forbids it. It is a different thing from supervised release, which comes after prison.

For the report, the officer interviews the person charged, often talks to the family, and checks records. After prison, this is the officer a person on supervised release reports to.

The agreement usually limits how the government can use what is said, but not completely. Many agreements let the government use the statements if the person later says something different, and the Supreme Court has upheld those terms.

It can mean the person charged may only review some discovery with the lawyer, without keeping copies.

Finishing it can take up to 1 year off the sentence for someone convicted of a nonviolent offense. The Bureau decides who qualifies, and a documented history of substance use in the presentence report matters.

It can raise the offense level, for instance by adding drug amounts or losses from uncharged acts. Since November 1, 2024, conduct a jury acquitted the person of can’t be counted this way.

Either side can file written objections within 14 days of being served with it. The district judge takes a fresh look at the parts objected to.

For many crimes, including fraud and other property crimes with an identifiable victim, it is mandatory. It is separate from a fine and from forfeiture.

For some violations the law requires it: having drugs or a gun, refusing a drug test, or testing positive more than 3 times in a year. There is a hearing first, with the right to ask for an appointed lawyer.

To use it, say so clearly. During a search, the words in guide 1A are short: “I want a lawyer. I don’t consent to any searches.” Then stop talking.

Only the prosecutor can file it, usually within 1 year of sentencing. It can be filed later only in narrow situations, such as information the person didn’t have until later.

The conditions: a limited criminal record (the law sets three separate tests, and failing any one rules it out), no violence or weapon, no one killed or seriously hurt, no leadership role, and telling the government everything about the offense by the sentencing hearing.

The magistrate judge can order it kept secret until the defendant is in custody or released. Once it is unsealed, it shows up on the docket.

It must be carried out within 14 days, and in the daytime unless the judge allowed otherwise. Agents must leave a copy of the warrant and a receipt for what they took. They don’t have to show it before the search starts.

Permission is given only for strong new evidence of innocence, or a new rule of constitutional law that the Supreme Court has made retroactive.

It is scored on an intake form, mostly from the presentence report, so errors in the report can follow the person into prison.

The judge decides at sentencing whether to allow it. It also counts in the person’s favor on the Bureau of Prisons’ security score.

It tells the person’s story with proof, such as records and letters, tied to the factors the judge must weigh under 18 U.S.C. § 3553(a).

Find the row for the offense level and the column for the criminal history category. Where they cross is the range.

Someone can be placed there as punishment, or for reasons that aren’t punishment, such as an investigation or their own safety. A review hearing is held within 7 days, then every 30 days.

It is ordered at sentencing, on top of any fine or restitution.

The 70 days run from the indictment or the first appearance, whichever is later. Many delays don’t count, such as time for pretrial motions and continuances.

People in custody are often not brought to it, so ask the lawyer what happened each time. It is also a chance to raise a problem, such as missing discovery, in front of the judge.

A grand jury subpoena means the prosecutor wants testimony or records for an investigation. Talk to a lawyer before answering one.

The person is usually arraigned again on it. Read it side by side with the old one to see exactly what changed.

The judge sets its length and conditions at sentencing. Breaking a condition can send the person back to prison. After one year, the judge can end it early.

The Justice Department calls someone a “target” when there is substantial evidence linking them to a crime, and a “subject” when their conduct is within the investigation. It is not a charge, and most people never get one: prosecutors are encouraged, not required, to send it.

The judge has to trust that this person can make sure the defendant shows up and stays out of trouble. A close relative with a clean record and steady ties to the community is the usual choice.

The Bureau of Prisons works it out after sentencing, not the judge. Time on house arrest, or in a halfway house under a release order, doesn’t count.

Part of it is built into the Guidelines: the reduction for acceptance of responsibility rarely goes to someone who denies guilt at trial. Whether to plead guilty or go to trial is still the defendant’s decision alone.

The person inside adds the contact, and the contact accepts before any messages flow. Staff can read every message, so nothing about the case belongs in one.

Each person gets a USM number, which stays with them in the Bureau of Prisons. Put it on every letter and every form.

Since most departures were deleted on November 1, 2025, a variance is the usual way a judge goes above or below the range. The judge must give the reasons in open court.

A waiver of an important right must be knowing and voluntary, which is why judges ask so many questions before accepting one. Many waivers can’t be taken back later.

This reduction started on November 1, 2023. The conditions rule it out for, among others, offenses involving violence, a gun, or a leadership role.