Written by Tana Fye and Sheri Crosier
Being charged with a crime is something a majority of people never expect to happen to them. However, if it does happen, there is a chance some terms will be thrown around that you won’t know the meaning of. Even when lawyers and their staff are trying to explain things clearly, we just sometimes forget that you won’t know the meaning of the words that we use. You should never feel bad about asking questions of your lawyer, or asking what he or she means.
But to help get you started out on the right foot, we have put together a list of some common terms and their meanings. This is just a short list of some that you may encounter in a criminal court.
- Acquittal- A judgment, based on the decision of a judge or jury, that an accused person is not guilty of the crime for which they are accused.
- Appeal- A request made by either the defense or the state that a case be reviewed by a higher court.
- Arraignment- The appearance of the defendant in court, where his or her plea to the charges is entered.
- Bench Trial- A trial held without a jury, in which the judge decides the facts and outcome. Also called a Court Trial.
- Bench Warrant- An order issued by a Judge for the arrest of a person, typically for nonappearance at a court proceeding that he or she was required to attend.
- Brief- An argument written by a counsel arguing a case. The brief contains a summary of the facts of the case, applicable laws, and an argument of how the laws apply to the case being argued.
- Concurrent Sentence- Sentences for different offenses that run together, or are served at the same time.
- Consecutive Sentence- Sentences for different offenses that are served one after another.
- Contempt of Court- Defying the court’s authority. This can be punishable by a fine, jail, or both, as well as civil sanctions to be determined by the judge.
- Court Trial- A trial held without a jury, in which the judge decides the facts and outcome. Also called a Bench Trial.
- Deferred Sentence- Postponing or delaying of a sentence to a later date.
- Discovery- Device used by a party to the case to obtain facts and information from the other party, to assist in preparation for trial. In criminal cases this often consists of police reports, witness or victim statements, audio/video, photos, criminal history, and similar types of reports and documents.
- Exhibit- A document, photograph, or item introduced as evidence during a trial or hearing.
- First Appearance- Your first appearance in front of a judge after arrest. You will be informed of the charges against you. The judge will review the charging affidavit to determine if probable cause has been met to support your detention (if you are in custody), and if you should be released on bond, or your own recognizance. Lastly you will discuss the appointment or hiring of an attorney to represent you in your case. Sometimes people enter pleas at their first appearance, although not always.
- Indictment- A formal written accusation made by a grand jury and filed in a court.
- Mandatory Sentencing- Laws that require courts to sentence criminals to certain prison terms.
- No Contest- A defendant’s plea that does not admit guilt, but does not dispute the charges. This leads to a defendant being found guilty and a sentence imposed.
- Plea Agreement- An agreement with respect to a plea offer. This typically involves a defendant pleading guilty or no contest to charges, in exchange for an agreed-upon disposition of particular charges or sentence from the prosecutor, or a combination of those things.
- Plea Offer- An offer from a prosecutor to a defendant to plead guilty or no contest to charges, in exchange for disposition of particular charges or sentence from the prosecutor, or a combination of those things.
- Preliminary Hearing- A hearing in felony cases, requiring the state to show probable cause that what was charged occurred, and that the defendant was the person responsible for doing it.
- Presentence Report- A report prepared by a probation officer, summarizing the background information of the defendant, making findings about his or her suitability for probation, outlining any applicable services that can be offered through probation, and making recommendations for sentencing.
- Probable Cause- Reasonable grounds to believe a crime was committed, and that the person arrested was the one that committed the crime. This is often described as “some evidence.”
- Statute of Limitations- Deadlines set for when a lawsuit can be filed.