Legal Glossary

2255 Relief: A narrow, focused, restrictive relief that can be used to challenge the terms of your sentencing up to 1 year after being sentenced.  Most Plea Agreements contain a Waiver of Direct Appeal, so 2255 Relief is one tool which can be used to appeal or better put, challenge your sentence.

Arraignment:  After you are indicted, charged and arrested, a hearing is set for the Pre-Trial Judge to listen to the charges against you and set conditions for your release until Trial, if you have been granted Bond.

AUSA:  Assistant US Attorney.

Bond: When charged you are assessed a bond.  Personal Recognisince bond is one typically without any monetary deposit, allowing you to be on your recognisence own immediately upon release by the US Marshalls.

Discovery: The Government has to produce their evidence against you 10 days after arraignment.  This includes all documents, tape recordings, video recordings, all surveillance, all interviews conducted-all the evidence they gathered pertaining to your case.

Guideline Range: a range of months determined in the Federal Sentencing Guideline Manual for suggested sentencing range by the Judge.  Unless precluded by a particular condition, the Judge can sentence outside the range if he so chooses (up or down).  The recommended guideline range in the PSR is strongly considered by the Judge.

Indictment: An explanation of charges against you offer a Grand Jury finds sufficient evidence to “indict” you (actually there is not much preponderance of evidence or burden of proof to secure an indictment from a Grand Jury).  The charges against you in an indictment are just preliminary.  It can be added onto by the Government prior to trial.

Loss:  [see page 2 of Glossary]

Plea Agreement: A way of negotiating with the Government upfront, prior to sentencing, when you return a Guilty Plea.  This can often get you better terms in sentencing than risking a trial depending on your risk factors.  A Plea Agreement can provide a sentencing Judge Guidance toward the applicable Guideline Range for your sentence.  A guilty Plea can waive your Right to Direct Appeal.

Pre-Sentence Report (PSR):  This is a report compiled by a Probation Officer for the sentencing Judge.  This report contains all the facts of your case, your personal and criminal history, your financial status, your education and vocation, your guideline  calculations and recommendation, your restitution exposure, monetary fine range: among other details about you, such as alcohol / drug abuse, medical history, psychological history, medications and so forth.  Te PSR is what the Judge uses principally to sentence you, and used by the Bureau of Prisons (BOP) for incarceration purposes.  For this reason, it is vitally important the report is inclusive, accurate and honest.

Pre-Trial Judge:  Judge who determines the conditions of your release or pre-trial incarceration until trial or plea.

Pre-Trial Probation Officer:  responsible for overseeing the terms of release from custody until after trial or plea.

Probation Officer: Works for a Federal Judge to carry out the court’s directives and to make recommendations to the Judge for sentencing.  There are different types of POs with different specialties, like Pre-Trial Services or Pre-Sentence Investigation, etc.

Relevant Conduct:  Let’s say you are charged with 5 counts of Wire Fraud and 4 counts of money laundering for total loss of $500,000.  IN trial you could be convicted for just one count of Wire Fraud for a loss of say $10,000 but because of Relevant Conduct, the Judge during sentencing can bring in the entire amount of Loss (in this example,$500,000).  This concept also applies to Plea Agreements.  Needless-to-say, this is a major threat which the government utilizes to pressure you to plea versus going to trial.  There are many different ways Relevant Conduct can apply to your case as its use and interpretation is quite broad based.

Restitution:    This is what you have to pay back to the Government’s Trust fund for your conviction, which is paid to the victims for the crimes perpetuated.  A fine can be levied in addition to the restitution as well.  [The amount of Loss dictates your guideline range for sentencing.  Certain thresholds of loss have guideline points associated with the Loss amount.]  see note 2 on page 1 of Glossary

Self-Surrender: When you surrender to your incarceration facility without getting transported by the US Marshall Service.  IT is important for your attorney to request this privilege to avoid the dreaded “Diesel Therapy.” (see Note#7)

Statement of Facts: n the Indictment and used later in the PSR and Plea Agreement which states the Government’s position on how you perpetuated your crimes and the resulting loss.  It is very important to negotiate with the Government any changes to the Statement of Facts prior to sentencing so the Judge has a clear understanding of the case facts.

US Marshall: They handle prisoner acceptance, transportation and escape on the Federal level.

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