Legal Terms

The following information will explain, step by step, what may happen in your case. It may not apply to all cases and every step may not be represented. It is provided as a simple guide only. Our advocates are available to assist victims at any point.

Adjournment: A delay in the processing of a case at the request of the defendant, the People or the Court.

Arraignment: A hearing where the defendant is informed of the charges, pleads ‘guilty’ or ‘not guilty’ and bail is set by the Court.

Bail/Bond: The amount of financial security which the defendant has to post with the court to insure his or her appearance at later proceedings.

Community Supervision: (Previously referred to as ‘parole’). Conditional release of a defendant from prison to be supervised in the community, established at sentencing hearing.

Crime: An act in violation of state criminal law.

Defendant: A person who is charged with a crime.

Deliberate: As applies to a jury, the weighing of evidence at trial's end, for the purpose of determining a defendant's guilt or innocence.

Dismissal: The dropping of a case by decision of the court.

Felony: A crime punishable by one year or more in state prison.

Jury: A group of men and women sworn at each trial to consider the evidence presented and deliver a verdict or decision in that proceeding.

Misdemeanor: Less serious offense than a felony, punishable by a fine or up to one year in the county jail.

Motion: A hearing held before the court requesting a certain ruling or decision on various issues related to a case.

Perjury: A deliberate lie or untruth made under oath, which is a felony.

Preliminary Hearing: A hearing in a criminal case in which the court determines 1) If there is enough evidence to reasonably conclude that a crime has been committed (i.e. probable cause) and 2) Conditions of release from custody.

Restitution: An amount of money determined by the court to be paid to the victim of a crime for property loss or injuries caused by the defendant's criminal act.

Subpoena: A court order directing you to be present at the time and place stated.

Victim: An individual who suffers direct physical, financial and/or emotional harm, or is threatened as a result of the commission of a crime.

Warrant: A written document issued by the court which authorizes law enforcement to arrest a person accused of committing a crime, and bring him or her before the court to answer the charges.

All information in this section courtesy of crime victim's advocacy network; CVAN11.ORG