Criminal Justice Terms & Definitions

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Criminal Justice Terms & Definitions Arraignment - A hearing in which the defendant is formally charged and can plead either guilty, not guilty or no contest. In felony cases, an arraignment follows a preliminary hearing. Bind over - At the time of the preliminary hearing, if the judge finds there is probable cause to believe that the defendant committed a crime, the defendant is ordered to stand trial. Criminal Complaint - A formal charging document, filed by the District Attorney, setting forth the charge(s) and facts of an alleged crime. Defendant – The person charged with a criminal offense. This is the person alleged to have committed a particular crime. Dismissal - The charge or charges against the defendant are dismissed. No conviction. District Attorney - Under state law, the prosecuting attorney who represents the state in each county. Assistant District Attorney - An attorney who acts on the District Attorney's behalf. Felony - A crime that is punishable by confinement in a state prison for a term exceeding one year. Information - A charging document that is filed with the Court after the preliminary hearing. This document formally charges the defendant. Initial Appearance - A defendant's first appearance in court. The court advises the defendant of the charge(s), penalties, rights and sets bond. In felony cases, a date is often set for a preliminary hearing. In misdemeanor cases, the initial appearance is also the arraignment and, often times, the defendant will enter a plea. Misdemeanor - A crime that is punishable by confinement to a county jail for one year or less and/or a fine. Motions - Court hearings held to answer legal questions. May be held before, during, or after a trial. Plea - A person accused admits or denies commission of a crime by pleading guilty (no contest) or not guilty. The accused can be convicted on his/her plea of guilty (no contest). Preliminary hearing - A hearing to determine if there is probable cause to believe a crime was committed and if the defendant committed it. If probable cause is established, the case will proceed. If not, the case is dismissed. This hearing is held only for felonies. Pretrial Conference - A conference between attorneys to see if the case can be settled without going to trial. Probable Cause - A judicial determination that there is sufficient evidence for the case to proceed to trial. Restitution - An amount of money ordered by the Court to be paid to the victim for property losses or injuries caused by the crime. Sentencing - A hearing in which the punishment of a defendant is announced. This occurs after a guilty plea or a finding of guilty by a jury or the Court. Victims and witnesses may be present for and address court prior to sentencing. Subpoena - A legal order which requires a person to appear in Court to testify as a witness. The subpoena lists the date, time, place and proceeding for which a witness must appear. Trial - A hearing where the prosecution and defense present evidence to establish the defendant's guilt or innocence. The burden is on the prosecution to prove the defendant's guilt beyond a reasonable doubt. If the Court finds the defendant guilty, the case proceeds to sentencing. If the defendant is found not guilty, the case is dismissed. .

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A Federal Criminal Case Timeline
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement negotiations and changes in law. This timeline, however, will hold true in the majority of federal felony cases in the Eastern District of Virginia. Initial appearance: Felony defendants are usually brought to federal court in the custody of federal agents. Usually, the charges against the defendant are in a criminal complaint. The criminal complaint is accompanied by an affidavit that summarizes the evidence against the defendant. At the defendant's first appearance, a defendant appears before a federal magistrate judge. This magistrate judge will preside over the first two or three appearances, but the case will ultimately be referred to a federal district court judge (more on district judges below). The prosecutor appearing for the government is called an "Assistant United States Attorney," or "AUSA." There are no District Attorney's or "DAs" in federal court. The public defender is often called the Assistant Federal Public Defender, or an "AFPD." When a defendant first appears before a magistrate judge, he or she is informed of certain constitutional rights, such as the right to remain silent. The defendant is then asked if her or she can afford counsel. If a defendant cannot afford to hire counsel, he or she is instructed to fill out a financial affidavit. This affidavit is then submitted to the magistrate judge, and, if the defendant qualifies, a public defender or CJA panel counsel is appointed.
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Courtroom Terminology.Pdf
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Victim’s statement to the police. Judge signs arrest warrant. Defendant arrested and brought before the District Court. Felony: No plea taken. Bail set by a Misdemeanor: If defendant pleads not guilty, bail is District Court judge. If defendant is set and pre-trial conference scheduled. If defendant held without bail, a Bail Hearing may pleads guilty or nolo, case is disposed of and defendant be held. sentenced. If there is no plea, trial by judge will follow. Information Charging: Case presented to Grand Jury: Case presented to Grand Jury by prosecuting attorney. the Office of the Attorney General by The victims and witnesses testify as to their account of the offense. police. Police department prosecution A police detective, doctor (if applicable), social worker (if officer presents the case to a prosecuting applicable), and any other professional involved in the case also attorney who reviews it and determines if testifies when necessary. The defendant is not present and does not there is enough evidence to charge the testify. No defense attorney is present. Usually defendants are not defendant. informed of the Grand Jury proceedings until an indictment is returned. Grand Jury proceedings are initially secret. No information. The Information. The defendant No true bill. defendant is not charged. is charged. True bill. (Indictment) The case is not charged Defendant formally due to insufficient charged. evidence or other reasons. All records of the Grand Jury Superior Court proceedings are then sealed. Pre-arraignment Conference: Possible settlement via negotiation. Arraignment: Bail is reset. Pre-trial Conference: Possible settlement of case via “plea agreement.” Trial Sentencing: If found guilty, defendant’s sentence ranges from simple probation to maximum allowable sentence at the Adult Correctional Institutions.
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