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- 3. An application made to a court or judge which requests a ruling or order in favor of the applicant.
- 5. , A crime, less serious than a felony, and punishable by jail time. Misdemeanors are classified as 1st degree and 2nd degree misdemeanors and are handled in County Court. Petty theft, first-time drunk driving and leaving the scene of an accident are some examples of misdemeanor crimes.
- 6. Bargain / Negotiations , A negotiation between the defense and prosecution for a fair disposition of the case and must be approved by the court.
- 7. Contest, A defendant neither admits nor denies the charges, letting them stand as is.
- 9. , An alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under conditions and under the supervision of a probation officer. A violation of probation can lead to its revocation and to imprisonment.
- 12. Operated by state governments and the Federal Bureau of Prisons and are designed to hold individuals convicted of crimes.
- 13. of Appearance, Should you retain an attorney, he will file a Notice of Appearance with the court on your behalf. This document informs the judge, the prosecutor and the clerk’s office that your attorney represents you.
- 15. Intervention (PTI), Supervised pretrial intervention programs for persons charged with a crime, before or after any information has been filed or an indictment has been returned in the circuit court. Such programs shall provide appropriate counseling, education, supervision, and medical and psychological treatment as available and when appropriate for the persons released to such programs. Any first offender, or any person previously convicted of not more than one nonviolent misdemeanor, who is charged with any misdemeanor or felony of the third degree is eligible for release to the pretrial intervention program on the approval of the administrator of the program and the consent of the victim, the state attorney, and the judge who presided at the initial appearance hearing of the offender. However, the defendant may not be released to the pretrial intervention program unless, after consultation with his or her attorney, he or she has voluntarily agreed to such program and has knowingly and intelligently waived his or her right to a speedy trial for the period of his or her diversion.
- 16. , The first pleading by a criminal defendant, the defendant’s declaration in open court that he or she is guilty or not guilty. The defendant’s answer to the charges made in the indictment or information.
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- 1. Prosse, When an indictment, information, or other charging document, if filed or issued in the case, is dismissed or nolle prosequi by the state attorney or statewide prosecutor, or was dismissed by a court of competent jurisdiction, and that none of the charges related to the arrest or alleged criminal activity to which the petition to expunge pertains resulted in a trial, without regard to whether the outcome of the trial was other than an adjudication of guilt.
- 2. Probable Cause, Insufficient grounds to hold the person who was arrested.
- 3. Warning, By law (Miranda v. Arizona ruling by the United States Supreme Court), anyone being questioned by authorities must first receive a ‘Miranda Warning’. This requirement exists to prevent the police / authorities from taking advantage of a person who does not know or fully understand their rights and thus speaks to the police and answers their questions without an attorney present. The Miranda Warning consists of the authorities explaining certain rights to a person before questioning them. These include: 1) You have the right to remain silent. 2) If you choose to speak, anything you say can be used against you in court. 3) If you decide to answer any questions, you may stop at any time and all questioning must cease. 4) You have a right to consult with your attorney before answering any questions. You have the right to have your attorney present if you decide to answer any questions, and if you cannot afford an attorney, one will be provided for you or appointed for you by the court without cost to you before any further questions may be asked.
- 4. The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.
- 8. Controlled release from a correctional facility of a prisoner who has served part of the term/sentence to which he or she was sentenced.
- 9. A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.
- 10. Recognizance (OR) / Personal Recognizance, In some cases (less serious crimes) this allows the defendant to get out of jail, without paying bail, by promising to appear in court when next required to be there. Only those with strong ties to the community (steady job, local family, and no history of failing to appear in court) are candidates for “OR” release.
- 11. A trial which is invalid because of some fundamental errors in procedure, wrongdoing or a hung jury. A judge can set the case for a new trial or retrial at a future date.
- 14. Defender, A court appointed attorney for those defendants declared indigent (unable to hire private counsel).