SOME COMMON CRIMINAL
TERMINOLOGY:
Arraignment - The first appearance in a case where the
accused is informed of the charges, advised of his rights and
enters a plea. An attorney can appear at arraignment with
or for the defendant and speak on his behalf.
Bail - Security given for the release of the accused
to ensure his appearance in court.
Bench Trial - Trial without a jury in which a judge
hears the evidence and decides case.
Bench Warrant - A warrant issued by the judge “from
the bench” due to nonappearance by the defendant.
Brief - A written statement submitted by parties in
a case that explains why the court should decide particular issues
in that party’s favor.
Case Law - The law as reflected in the written decisions
of the courts.
Chambers - A judge's office, where attorneys go to discuss
cases off the record or outside the presence of a jury.
Commissioner – A judicial officer appointed by
judges to preside over criminal and civil matters upon the stipulation
of the parties.
Conviction - A judgment of guilt against a criminal
defendant after a plea of guilty or nolo contender or verdict
of guilty.
Counsel – A licensed attorney that provides legal
advice and represents individuals in court.
Cross-examination - The examination of a witness by
a party other than the direct examiner upon a matter that is
within the scope of the direct examination of the witness.
Defendant – An individual charged with a crime.
Direct examination - The first examination of a witness
upon a matter that is not within the scope of a previous examination
of the witness.
Discovery - The process that requires the exchange of
information between the parties in preparation for trial.
Docket - A record of case proceedings produced by the
court clerk summarizing the court proceedings in chronological
order.
Elements – The “recipe” of a crime. Each
element of a crime must be proven by the State beyond a reasonable
doubt.
Evidence – Testimony, writings, material objects,
or other things presented to the senses that are offered to prove
the existence or nonexistence of a fact. Either direct
or circumstantial evidence is sufficient to prove the guilt of
a defendant.
Felony – A crime punishable with prison.
Hearsay – An out of court statement made by the
declarant offered to prove the truth of the matter asserted.
Hung Jury - when a jury cannot come to a unanimous
decision. This event forces the judge to declare a mistrial.
Indictment - The formal charge issued by a grand jury
stating that there is enough evidence that the defendant committed
the crime to justify having a trial
Information – A charging document filed by the
District Attorney alleging felony crimes on the basis of a finding
of probable cause by a magistrate, following a bindover after
a preliminary hearing.
Jurisdiction - The legal authority of a court to hear
and decide a case, and the geographic area over which the court
has authority to decide cases.
Jury - The group of persons selected to hear the evidence
in a trial and render a verdict on matters of fact.
Jury Instructions - A judge's directions to the jury
before it begins deliberations regarding the factual questions
it must answer and the legal rules that it must apply.
Magistrate Judge - A judicial officer who presides over
preliminary hearings in felony cases, criminal misdemeanor cases,
and signs search warrant applications by law enforcement.
Misdemeanor – A crime for which the punishment
includes a fine and/or a maximum of one year of jail.
Mistrial – A trial that ends without a final judgement,
caused by a fundamental error. After a mistrial is declared,
the trial must start again with the selection of a new jury.
Motion - A request by a litigant to a judge for a decision
on an issue relating to the case.
Nolo Contendere - No contest. A plea of nolo
contendere has the same effect as a plea of guilty, as far as
the criminal sentence is concerned, but may not be considered
as an admission of guilt for any other purpose.
Opinion - A judge's written explanation of the decision
of the court.
Plea - The defendant's statement of “guilty”, “not
guilty”, or “no contest” in answer to the charges.
Pre-Plea Report - A report prepared by probation at
the request of the court, to assist the court in its decision
regarding sentencing.
Pre-Trial Conference - A meeting between the defense
attorney and the prosecutor to discuss the facts of the case,
exchange discovery information, negotiate plea agreements, and
set future hearing dates. The judge may get involved to
discuss the case for purposes of settlement and scheduling future
hearings.
Probation - A sentencing alternative to imprisonment
in which the court suspends sentence and places the defendant
on supervised (formal) or unsupervised (informal) probation.
Probation Officer - Officers of the county that supervise
individuals who are on probation.
Probation Violation – An allegation that a probationer
has failed to comply with a term of probation that if proven,
carries the maximum sentence of the underlying crime for which
the individual was originally placed on probation.
Pro Per - A Latin term meaning “on one's own behalf,” referring
to people who represent themselves. The old saying goes, “The
man who represents himself, has a fool for a client.”
Prosecute - To complain and litigate criminal behavior. A
prosecutor represents the government in a criminal case through
the U.S. Attorney, the District Attorney or the City Attorney.
Record - A written account of the proceedings in a case,
including all pleadings, evidence, and exhibits submitted in
the course of the case.
Recross-examination - An examination of a witness by
a cross-examiner subsequent to a redirect examination of the
witness.
Redirect examination - An examination of a witness by
the direct examiner subsequent to the cross-examination of the
witness.
Remand – An order by the judge to the bailiff
to take a person into custody directly from the court.
Sentence - The punishment ordered by a court for a defendant
convicted of a crime.
Sentencing Guidelines - A set of rules and principles
established by the United States Sentencing Commission that trial
judges use to determine the sentence for a defendant in a federal
case.
Subpoena - A command, issued under authority of a court
to a witness to appear in court and give testimony.
Subpoena Duces Tecum - A command to a witness to appear
and produce documents.
Testimony - Evidence presented orally by witnesses during
trials or before grand juries.
Transcript - A word-for-word document recorded by a
court reporter.
U.S. Attorney - A lawyer appointed by the President
in each judicial district to prosecute and defend cases for the
federal government. The U.S. Attorney employs a staff
of Assistant U.S. Attorneys who appear as the government's attorneys
in individual cases.
Verdict - The decision of a trial jury or a judge that
determines the guilt or innocence of a criminal defendant.
Voir Dire - The process by which judges and lawyers
select a trial jury from among the pool of jurors, by questioning
them to make certain that they would fairly decide the case.
Warrant - A written order, signed by a judge, authorizing
official action by law enforcement officials, directing them
to arrest the individual named in the warrant, or search a specific
location for specific items, which if found, can be used in court
as evidence.
Witness - A person called upon by either side in a lawsuit
to give testimony before the court or jury.
Wobbler – A crime that can be punished either
with prison or jail.
Writ - A formal written command or order, issued by
the court, requiring the performance of a specific act.
If you have been charged with a crime in Orange County, you
need the assistance of an experienced and aggressive California
criminal defense lawyer. Call the Law Offices of Daniel
C. Grupenhagen
today for your free consultation.
|
