GLOSSARY
Arraignment -
A court appearance at
which the defendant is formally charged and is asked to enter a plea of
guilty, not guilty or no contest. In felony cases, an arraignment
follows a preliminary hearing.
Bound Over -
At the completion of the preliminary hearing, if the judge finds that it is
reasonable to believe that the defendant committed a felony, the defendant
is sent to the Court to stand trial.
Complaint -
A legal document prepared by the DA based on the police reports. It
lists the charges and some of the evidence against the defendant. The
complaint is filed in Court.
Defendant -
The person accused of or charged with a criminal offense. This is the
person alleged to have committed a particular crime.
Decline -
The office of the District Attorney decides not to issue any criminal
charges.
Dismissal -
The charge or charges against the defendant are dismissed. No
Conviction.
District
Attorney - Under
state law, the prosecuting attorney who represents the state in each county.
Assistant
District Attorney -
An attorney who acts on the District Attorney's behalf.
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Felony -
A crime punishable by confinement in a state prison, for one year or more.
Final
Pretrial Conference -
Final hearing before a case proceeds to jury trial. The parties
discuss a case and either settle it or ask that it be scheduled for trial.
Initial
Appearance - A
defendant's first appearance in court. A judge may read the charges,
set bail (either cash or personal recognizance and determines the conditions
of release if any). In felony cases, a date is set for a preliminary
hearing. In misdemeanors, the initial appearance is also the
arraignment where the defendant enters an initial plea.
Misdemeanor -
A crime punishable by confinement in a county jail, for one year or less.
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Motions -
Oral or written requests about legal questions made by the prosecutor or the
defendant before, during or after a trial. Motions ask the court to
issue a ruling or order regarding the case.
Plea -
A person accused admits or
denies commission of a crime by pleading guilty (no contest)
or not guilty. The accused can be convicted on his/her plea of
guilty (no contest).
Preliminary
Hearing - In felony
cases, an evidentiary hearing at which the state must prove to the judge
that there is enough evidence to believe the defendant committed a felony.
Status
Hearing - A hearing
in court to see if the case can be settled without going to trial.
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Probable
Cause - A judicial
determination that there is sufficient evidence for the case to proceed to
trial.
Restitution -
An amount of money set by the court to be paid to the victim of a crime for
property losses or injuries, physical or emotional, caused by the crime.
Sentencing -
The hearing at which the court imposes sentence. Sentencing follows a
guilty plea or a finding of guilt by a jury or judge.
Subpoena -
A written order requiring a person to appear in court to testify. The
subpoena states the date, time, place and proceeding at which the witness
must appear.
Trial -
A hearing for presenting physical and testimonial evidence to a judge or
jury for a determination of whether an accused is guilty beyond a reasonable
doubt or not guilty of the crime(s) charged. A defendant may be found
guilty of all, some, or none of the charges. If the defendant is found
guilty, he/she can then be sentenced for that crime by the judge at that
time or at a later hearing; if the defendant is found not guilty of a crime,
the charge is dismissed.
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