Take Charge Of Your Life

When faced with a criminal charge and the devastating consequences it could have on your life, it is essential to have highly qualified representation and a good understanding of criminal definitions.
(See our Criminal Law Overview)

The following are some common criminal definitions of often used words and phrases.

Accused – A person who is charged with a crime. A person is innocent until proven guilty in a fair and public hearing.

Acquittal – A judgment by the court that the accused is not guilty of the charge(s), or a finding by the court that the evidence presented does not prove beyond a reasonable doubt that the accused is guilty of the charge(s).

Appeal – A review by a higher court of a decision made by a lower court. There may be legal grounds or reason to appeal, such as, that the lower court has made an error. You can not appeal because you disagree with or do not like the judge’s decision.

Arraignment – This is the first appearance of the accused when he/she is formally charged with the offense.

Bail – Security given for the release of the accused from legal custody. There are many different factors that determine how bail is set, but it usually takes the form of money to secure his/her appearance in court as required.

Bench Trial – Trial without a jury where the judge decides the facts.

Burden of Proof – A person is assumed to be innocent until proven guilty. Guilt must be proven beyond a reasonable doubt.

Charge – The law the police say has been broken.

Conviction - The judge or jury’s decision that the accused is guilty.

Depositions – Testimony under oath, especially a statement by a witness that is written down or recorded for use in court at a later date.

Interrogatories – A formal or written question, as to a witness, usually requiring an answer under oath.

Nolo Contendere – Latin for “I will not defend it.” The accused accepts the charges as stated in the Complaint without formally admitting he/she was guilty. By doing this, a guilty plea cannot be used as an admission in civil (money damage) claims.

Plea – The answer the accused gives to the charge (guilty or not guilty). The judge asks the accused if he/she is ready to enter a plea. The accused can:

If the accused pleads guilty, he/she can be sentenced right away, or a date will be set for sentencing, at which time the attorney for the accused negotiates a plea with the prosecution on behalf of the accused.

If the accused pleads not guilty, a trial/preliminary hearing date is set.

Preliminary Hearing – A hearing held after the arraignment for the purpose of determining whether there is probable cause to believe that the accused committed the felony with which he/she has been charged.

Presentence Report – A report prepared by a probation officer upon conviction of a defendant that assists the court in imposing an appropriate sentence.

Pretrial Conference / Plea Bargaining – A formal setting where plea bargaining occurs.

Sentence – The punishment the judge gives to someone found guilty of breaking the law. Sentences can range from discharge (where the accused is free with no criminal record) to a suspended sentence with a period of probation, to a fine (a payment of money to the court) or a prison term. Other options include supervision, conditional discharge, prison term, probation, or fine and probation.

Sentence Hearing – A hearing held after the accused has been found guilty of a crime. The judge hears evidence, factors in aggravation (factors which the prosecution presents in support of a harsher sentence), as well as factors in mitigation (factors which your attorney presents to the court in support of a more lenient sentence), and then decides on an appropriate punishment.

Subpoena – A court document that tells a witness when and where to come to court. It is a criminal offense to ignore a subpoena. If a witness ignores it, an arrest warrant may be issued against him or her.

Trial – A hearing where the court, a judge or jury, makes a decision about the guilt of the person accused of the crime.

Verdict – The decision as to the guilt or innocence of the accused.

Contact Us as soon as you are charged or believe you might be charged.

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