Criminal Legal Definitions
Adjourn |
To
close a court session for a time.
|
Admonish |
To
warn, advise, scold. |
Affidavit |
A
written declaration or statement of facts confirmed by the oath of the
party making it before an officer who has the authority to administer
such an oath. |
Allegation |
A
statement or assertion made without proof. |
Alternate
Juror |
A
juror sworn to try a case if called upon to replace a regular juror. |
Amend |
To
add to or alter a charge that has been filed. |
Appeal |
A
request to a higher court for review of a lower court ruling.
|
Appellant |
A
person who appeals a judgment of a court. |
Arraignment |
The
initial hearing after an arrest, which marks the beginning of the
judicial process. The
accused is advised of the charges filed, advised of constitutional
rights, and may be given a copy of the complaint/information.
The accused can, but does not have to, enter a plea at this
time. Bail is set at this
hearing. |
Arrest |
Taking,
under real or assumed authority, custody of another for the purpose of
holding or detaining the person to answer a criminal charge or civil
demand. |
Attorney
of Record |
An
attorney in the permanent case record who represents a party in an
action. |
Bail |
A
sum of money or other form of security demanded by the court; (1) in
exchange for the release of the accused from custody; and (2) to
guarantee his/her later appearance in court.
If fails to appear, the bond is forfeited and a bench warrant
is generally issued. |
Bail
Bond |
A
document purchased from a bondsman, which is given to the court
instead of money for bail. Once
signed by the defendant, is released from custody on the condition
that the amount will be forfeited should the defendant not appear in
court at the required time. |
Bail
Review |
A
judicial review of a defendant’s bail setting to ensure that the
amount is justified. Factors
considered by the Court include the concern for protection of the
public, seriousness of the offense, and prior criminal record of the
defendant. |
Bailiff |
A
court attendant assigned by the sheriff to provide security to the
court, guard criminal defendants and take custody of sworn jurors. |
Bench |
1)
The actual physical desk where a judge sits in court or; 2) the body
of judges referred to as a whole or individually. |
Booking |
A
process done by law enforcement at the time of arrest, which involves
fingerprinting, photographing, and writing down personal data. |
Calendar |
A
categorized list of each case to be heard in each courtroom.
To calendar something means to assign a case a particular day,
time, and courtroom. |
Calendar
Days |
A
reference to consecutive days as they appear on any calendar,
including weekends and holidays; used to calculate the performance of
some act according to law. |
California
Rules of Court |
Rules
adopted by the Judicial Council for all state courts, prescribing case
and calendar management procedures, commonly abbreviated as “CRC”. |
Challenge
for Cause |
A
challenge as to the suitability of a potential juror for which some
reason or cause is alleged. The
judge must rule upon the reason. |
Change
of Plea |
The term typically used when a defendant changes his/her plea in court from not guilty to guilty. |
Citation |
The
ticket issued by a peace officer for an offense, which the defendant
signs, thereby promising to appear at a date and time certain in lieu
of arrest. |
Commissioner |
An
attorney appointed by the court who is given many of the powers to act
as a judge. |
Complaint |
The instrument charging the accused with the commission of a crime. |
Contempt |
An
act or omission that obstructs the orderly administration of justice
or impairs the dignity, respect, or authority of the court.
May be demonstrated in behavior, which shows intentional
disregard of or disobedience of a court order, both of which may be
punishable by fine or imprisonment. |
Continuance |
The
adjournment or postponement of an action pending in a court to a
future date. |
Convene |
To
come together, usually for an official or public purpose.
(Refers to when the day’s court session begins) |
Conviction |
The
determination of guilty based on a plea, a jury verdict, or a finding
of a judicial officer. |
Counseling
Attorney |
Attorneys provided by the Public Defender’s office to advise defendants of their rights and approach to their cases. |
Count |
A specific charge filed against a defendant that is contained in a complaint or information filed by the prosecutor. |
Counter
Arraignment |
Method
whereby private/retained attorneys enter a not guilty plea at the
clerk’s counter on behalf of out-of custody defendants without the
need to appear in open court before a Judge. *Also
can do by telephone or fax and does not apply to felonies or domestic
violence cases. (By
telephone or fax, attorneys must have a signed agreement on file with
the court). |
Court
Days |
Used
to calculate the deadline for the performance of some act according to
law. Refers to
consecutive days that the court is open to the public; excludes
weekends and court holidays. |
Court
Trial |
A
trial in which there is no jury and in which a judicial officer
determines both the issues of fact and the law in a case. |
Crime |
An
act committed or omitted in violation of a law forbidding or
commanding it and to which is annexed upon conviction either or a
combination of the following punishments:
1) Death; 2) Imprisonment; 3) Fine; 4) Removal from office; 5)
Disqualification to hold and enjoy any office of honor, trust or
profit. |
Cross-Examination |
The
examination of a witness by a party opposed to the one who called him. |
Defendant |
The
party against whom the case is filed.
The accused person or party; the person named as the wrongdoer
in a criminal action. |
Deferred
Entry of Judgment |
Judgment is postponed until a later date. Upon successful completion of a deferred entry of judgment program, the arrest upon which the judgment was deferred shall be deemed to have never occurred. |
Deliberation |
The
act or process of discussing, weighing, and evaluating all of the
evidence presented in a case. |
Direct
Examination |
The
first interrogation or examination of a witness, on the merits, by the
party on whose behalf he/she is called. |
Discovery |
In
a criminal proceeding, “discovery” emphasizes the right of both
the defense and prosecution to obtain access to evidence necessary to
prepare their case. |
Dismiss |
An
order or judgment finally disposing of an action, suit, motion, etc.,
without trial of the issues involved.
|
Evidence |
Documents,
testimony of parties or witnesses, or other objects, offered to the
Court to prove the existence or nonexistence of a fact.
Includes direct, indirect and circumstantial. |
Exhibit |
Any physical object or document identified in court as evidence in a
case. |
Felony |
A
crime of a more serious nature than those designated as
misdemeanors, which is punishable by imprisonment in state
prison. |
Fine |
A
sum of money a person must pay as punishment because of an illegal act
or omission. |
FTA |
Acronym
for failure to appear. |
Guilty |
Adjudication of responsibility for the crime. It may be voluntary formal admission, such as a plea of guilty, or by verdict. |
Inadmissible |
That
which, under the established rules of law, cannot be admitted or
received; e.g., evidence obtained from illegal search and seizure,
certain types of hearsay evidence. |
Infraction |
A
violation of a statute for which the only sentence authorized is a
fine and/or summary probation. Less
serious than a misdemeanor or felony. |
In
Propria Persona |
From
the Latin: “In one’s own proper person.” A case heard in which a
party represents himself/herself without benefit of an attorney, same
as in “pro per”. |
Judgment |
In
criminal cases, the adjudication of guilty and fixing the punishment. |
Judicial |
Belonging
to the office of a judge; as judicial authority.
Relating to or connected with the administration of justice. |
Jurisdiction |
The
territory, subject matter, or persons over which the court, as
determined by constitution or statute, may exercise lawful authority. |
Jury |
A
group of citizens selected according to law and impaneled to determine
the issues of fact in a case. |
Mandatory |
Required,
ordered. |
Minutes |
The
actual form on which entries are made by the clerk, which reflects the
Court’s actions. The
official permanent record of a court proceeding. |
Misdemeanor |
All
crimes other than felonies and infractions; punishable by a fine
and/or by imprisonment in the county jail for not more than one year. |
Mistrial |
A trial that is of no legal effect by reason of certain events which cause the Judge to terminate the proceedings in the belief that a fair verdict cannot be obtained. |
Motion |
An
oral or written request made by a party to the court for a ruling or
an order on a particular point. |
Nolo
Contendere or No
Contest |
Also known a simply "nolo". The Latin phrase meaning "I do not wish to contest." Synonymous with guilty. However, a plea of "nolo contendere" to a misdemeanor cannot be used as evidence of liability in a civil suit, while a "nolo" plea to a felony can be used against the defendant as evidence of liability in a civil suit. Approval of the court is required to enter this plea. |
Not
Guilty Plea |
Defendant
denies all charges and allegations filed against him/her. |
Objection |
A
formal protest made by a party to contest that some matter or
proceeding or evidence is illegal or improper.
(Made on the record for purposed of appeal) |
Opening
Statement |
Each
attorney has an opportunity to address the jury panel before evidence
is presented on what they expect to prove or disprove during the
trial. |
Overrule |
To
disallow; to rule against an argument or objection made in the course
of a trial or proceeding. |
Own
Recognizance |
A
condition under which an individual is released from custody upon
his/her promise to answer to a criminal charge and is not required to
post bail. |
Peremptory
Challenge |
A
challenge counsel may exercise to a prospective juror without stating
a reason. |
Plaintiff |
The
party who makes the initial complaint in a lawsuit. |
Plea |
A
formal statement of a defendant in response to a criminal accusation. |
Plea
Bargain |
Negotiation
between the prosecutor and the accused to exchange a guilty plea for
conviction of a lesser charge, subject to approval by the court. |
Preliminary
Hearing |
A
hearing held in felony cases prior to indictment during which the
state is required to produce sufficient evidence to establish that
there is probably cause to believe (a) that a crime has been committed
and (b) that the defendant committed it. |
Probation |
The
sentence given to a defendant when it is felt there is a good chance
for rehabilitation without maximum incarceration.
Summary probation (conditional sentence) is without direct
supervision. |
Probation
Hearing |
The
hearing where probation is granted as part of a sentence. See
probation. |
Prosecuting
Attorney |
A
public officer whose duty is the prosecution of criminal proceedings
on behalf of the citizenry; sometimes referred to as “district
attorney” or “city attorney”. |
Prosecution |
Agency
responsible for initiating proceedings in a criminal case by making
affidavit charging a named person with the commission of a criminal
offense. Takes charge of
the case and performs function of trial lawyer for the public. |
Prospective
Jurors |
Potential
jurors; the panel from which the final jury members will be selected. |
Public
Defender |
Counsel
employed by the public, primarily to defend indigent defendants.
(Alternate public defender handles “conflict” defendants) |
Public
Record |
Court
records available to the general public (not confidential). |
Rebuttal |
The
introduction of evidence to explain, repel, counteract, or disprove
facts given by the adverse party |
Restitution |
The
act or restoring or giving the equivalent for an injury, damage, or
loss. |
Search
Warrant |
A
written order issued by a judge, directing a peace officer to search a
defined location for person(s); thing(s), or personal property and
bring whatever is found before the judge. |
Sentence |
The
formal pronouncement by a court stating the punishment to be imposed
on a person convicted of a criminal offense. |
Sidebar |
Refers
to a conference between Court and counsel held at the side of the
bench and out of the hearing of the jury. |
Statutory |
Relating
to a statute, created, defined, or required by a statute. |
Stipulation |
An
agreement between counsel for the adversaries during trial that
certain facts are true. Such
agreements must be accepted by the jury and the court as uncontested. |
Submit |
To
commit to the discretion of another; to propound; to present for
determination; as an advocate submits a proposition for the approval
of the court. |
Subpoena |
A
process by which a witness is ordered to appear in court.. |
Subpoena
Duces Tecum |
A
subpoena that commands the production of specific documents and which may
also command the appearance of a witness. |
Suppression
of Evidence |
The
ruling of a trial judge to the effect that evidence sought to be
admitted should be excluded because it was illegally acquired. |
Sustain |
To
uphold or affirm or accept an objection. |
Testify |
To
give evidence as a witness under oath. |
Time
Waiver |
To relinquish the right to a specified amount of time by which a certain phase of the legal process would normally occur. |
Trial |
The
hearing and determination of issues of fact and law, in accordance
with prescribed legal procedures, in order to reach a disposition.
|
Unification |
The event that combined Municipal Courts and Superior Court into one Court, one jurisdiction. |
Venue |
The
geographical place or county over which a court has jurisdiction. |
Verdict |
The
final decision of a jury. In
a criminal case, the verdict must be unanimous. |
Voir
Dire |
From
the French “To speak the truth.”
The questioning of potential jurors to determine whether each
juror is competent, impartial, and without prejudice.
A form of cross-examination to show qualification of witness,
juror, etc. |
Warrant |
A
written order issued and signed by a judicial officer directing a
peace officer to take specific action. |
Witness |
A
person who testifies as to what was seen, heard, or otherwise known. |