If you find yourself in Court, you are likely to be emotional. The surroundings are not familiar and it is intimidating. The other problem with Court is that the lawyers and the Judges seem to, at times, use terms that are not familiar. Many of the terms used in Court need defining. As lawyers, sometimes we forget that what is common to us is not common to our clients. Here are some common terms, defined, in order to help you understand the system.
Legal Definitions:
Arraignment: Court hearing in which the defendant pleads guilty, not
guilty, or not guilty by reason of insanity. This is the next scheduled
court appearance after a preliminary hearing in cases where the
defendant is entitled to a preliminary hearing. Witnesses do not testify
at this hearing.
Bond: Money or property that is promised or given to the Court to
ensure that a defendant will make scheduled court appearances if he
or she is released from jail.
Compensation: A program to help pay for medical or funeral
expenses, mental health therapy or lost wages for victims of violent
crime. A police report must be made. You must apply for these funds.
Please call (303)271-6846 for information.
Continuance: When a court hearing is delayed and rescheduled.
Defendant: A person who is accused of committing a crime.
Disposition: When a case is resolved without a trial.
Filing of Charges: Presentation of written charges to the Clerk of the
Court by the District Attorney’s Office. The document is called a
complaint or an information.
Motions Hearing: A hearing where the judge decides what evidence
will be allowed at trial.
No Contact Order: A condition of bond that means a defendant
cannot have contact with a victim by phone, letter, through a third
party or in a person.
Plea Negotiations: A defendant pleads guilty to a charge or a lesser
charge in return for a sentence which may be less than if convicted of
all charges at trial.
Preliminary Hearing: A hearing to determine if there is enough
evidence to go to trial. This is the first hearing when witnesses may
have to testify.
Pretrial Conference: A meeting of the Deputy District Attorney,
defendant and defense attorney to discuss possible plea negotiations.
Probation: The release, under certain proscribed terms and
conditions, of a person convicted of a crime as an alternative to
imprisonment.
Restitution: After conviction, a defendant can be ordered to pay the
victim for “out of pocket” financial losses.
Sentence: The penalty which is given by a judge to a defendant upon
conviction of a crime.
Subpoena: An order to come to court, which is mailed to the witness
or personally delivered.
Trial: An examination of issues of fact and law before a judge or a
jury. Evidence is presented by the prosecution and the defense to help
the jury or the court to determine whether or not the defendant is
guilty of committing a specific crime.