Glossary

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A
Acquit
To find a defendant not guilty in a criminal trial.
Adjudication
Giving or pronouncing a judgment or decree. Also, the judgment given.
Adjudication Withheld
The judge continues charges without a formal ruling for a specified period of time after a plea has been entered.
Affidavit
A written statement of facts confirmed by the oath of the party making it, before a notary or office having authority to administer oaths.
Appellate Court
A court having jurisdiction to hear appeals and review a trial court's procedure.
Arraignment
A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Arrest
To take into custody by legal authority.
Assault
Attempts to cause or purposely, knowingly, or recklessly cause bodily injury to another; or negligently cause bodily injury to another with a deadly weapon; or attempts by physical menace to put another in fear of imminent serious bodily injury.
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B
Bench Warrant
An order issued by a judge for the arrest of a person
Booking
The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest.
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C
Caption
The heading on a legal document listing the parties, the court, the case number, and related information.
Consecutive Sentences
Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations.
Conviction
A judgment of guilt against a criminal defendant.
Counsel
Legal adviser; a term used to refer to lawyers in a case.
Court administrator/clerk of court
An officer appointed by the Court to oversee the administrative, non-judicial activities of the court.
Court
Government entity authorized to resolve legal disputes.
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D
Date of disposition
The date that charges are dismissed if no conviction resulted or the defendant was found not guilty. Also, the date a case was concluded (sentence entered).
Defendant
In a criminal case, the person accused of the crime
Dismissal
The termination of a lawsuit. A dismissal without prejudice allows a lawsuit to be brought before the court again at a later time. In contrast, a dismissal with prejudice prevents the lawsuit from being brought before a court in the future.
Disposition
The sentencing or other final settlement of a criminal case.
Docket Number
The number of the court assigned to the case when the complaint was file
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E
Eligible or eligibility
A person who is qualified for a specific status
Expunge
To clear, erase, seal, or destroy
Expungement
Official and formal erasure of a record or partial contents of a record
Expungement order
An order signed by a judge which clears, erases, seals, or destroys a prior criminal proceeding
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F
Felony
A crime of graver nature than a misdemeanor, usually punishable by imprisonment in a penitentiary for more than a year and/or substantial fines.
File
To place a paper in the official custody of the clerk of court and/or court administrator to enter into the files or records of a case.
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G
Grand jury
A body of person sworn to inquire into crime and if appropriate, bring accusations (indictments) against the suspected criminals.
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H
Hearing
A court proceeding usually held before a judge in which the facts of a case are heard.
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I
Incarcerate
To be jailed or held in a correctional facility
Indictment
Written accusation by a grand jury charging a person with a crime.
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J
Judge
An appointed public official with authority to hear and decide cases in a court of law.
Judgment
Final disposition of a lawsuit.
Jurisdiction
(1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Jury
Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact.
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L
Legal aid
Professional legal services available usually to persons or organizations unable to afford such services.
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M
Misdemeanor
A criminal offense considered less serious than a felony. Misdemeanors are generally punishable by a fine or a limited local jail term, but not imprisonment in a state penitentiary.
Motion
Oral or written request made by a party to an action before, during, or after a trial, upon which a court issues a ruling or order.
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N
Nolle prosequi
Decision by a prosecutor not to go forward with charging a crime. It translates to “I do not choose to prosecute.” Also known as nolle pros.
Nolo contendere
A plea of no contest. In many jurisdictions, it is an expression that the matter will not be contested, but without an admission of guilt.
Notice
Formal notification to the party that has been sued that the lawsuit has been filed. Any form of notification of a legal proceeding.
Notarized
To certify or attest (a document) as a notary.
Notary
A public officer who attests or certifies writings to make them authentic and takes affidavits and depositions.
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O
Oath
Written or oral pledge by a person to keep a promise or speak the truth.
Order
A written or oral command from a court directing or forbidding an action.
Order for hearing
Form used by the judge to schedule a court date and time for a petition to be heard before the court.
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P
Pardon
A form of executive clemency preventing criminal prosecution or removing or extinguishing a criminal conviction.
Parole
The supervised conditional release of a prisoner before the expiration of his or her sentence. If the parolee observes the conditions, he or she need not serve the rest of his or her term.
Petition for expungement
The application to the court requesting that the court expunge your record.
Petitioner
Person filing an action in court.
Plea
In a criminal proceeding, it is the defendant’s declaration in open court that he or she is not guilty. The defendant’s answer to the charges made in the indictment or information.
Plea bargaining or plea negotiating
The processed through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. Usually it is a legal transaction in which a defendant pleas guilty in exchange for a lesser sentence. It often involves a guilty plea to a lesser charge or a guilty plea to some of the charges if other charges are dropped.
Pretrial intervention program (PTI)
Provides defendants, generally, first time offenders, with an alternative to the traditional criminal justice process. If PTI is successfully completed, there is no record of conviction.
Probation
An alternative to imprisonment allowing a person found guilty or pleading guilty to an offense to say 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.
Pro se
A Latin term meaning “on one’s own behalf”, in courts, it refers to a person who presents their own case without a lawyer.
Prosecutor
A trial lawyer representing the government in a criminal case. The prosecutor has the responsibility of deciding who and when to prosecute.
Public defender
A government lawyer who provides legal representation for adults and juveniles charged with criminal offenses who are unable to afford private lawyers.
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R
Rap sheet
the State Police record which reflects any arrests, charges, and disposition.
Record
All the documents and evidence in a criminal case.
Respondent
The person against whom an appeal is taken. See petitioner.
Restitution
The act of giving the equivalent for any loss, damage or injury (pay back amount taken).
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S
Sentence
The punishment ordered by a court for a defendant convicted of a crime. A concurrent sentence means that two or more sentences would run at the same time. A consecutive sentence means that two or more sentences would run one after another.
Service
The delivery of a legal document, such a complaints, summons, or subpoena, notifying a person of a lawsuit or other legal action taken against him or her. Service, which constitutes formal legal notice, must be made by an officially authorized person in accordance with the formal requirements of applicable law.
Subpoena
A court order compelling a witness to appear and testify.
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V
Vacate
To set aside. To vacate a judgment is to set aside that judgment.
Verdict
A conclusion that forms the basis for the court’s judgment.
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W
Waiver
Intentionally giving up a right.
Warrant
A court order authorizing law enforcement officers to make an arrest or conduct a search.
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