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| Means that there was reasonable grounds to believe that a particular person committed a specific crime and should be arrested or searched. Ex: A police offcer hears gun shots coming from a 7-11 and sees a man running carrying a handful of money. The police officer has probable cause to stop, search and arrest that person. |
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| A written claim setting forth the facts and initial determination of which offenses are charged. Ex: After a caption, the complaint might read, "The People of the State of CA accuse John Smith of a felony: robbery on or about June 1, 2001." |
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| The part of a complaint that lists a separate, chargeable crime. Ex: Tom commits three separate robberies, and even if he beats one particular count, he can still be convicted in the remaining counts. |
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| Same as a complaint, but is handed down after a preliminary hearing. Ex: Tom is accused of shoplifting in a complaint. After a preliminary hearing, evidence proves that Tom was engaged in a second crime. An information is then prepared which included both crimes. |
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| A finding by a grand jury that there is probable cause to believe a person has committed a crime. Ex: The DA believes Mike committed a felony and presents evidence to the grand jury. The G.J. finds that there is probable cause for a criminal trial and issues an indictment. |
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| Another term for indictment. Ex: The DA believes Mike committed a felony and presents evidence to the grand jury. The G.J. finds that there is probable cause for a criminal trial and issues an indictment/true bill. |
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| An administrative hearing held by the coroner for the purpose of ascertaining the cause, manner, and circumstances of a death to determine if a crime was committed. Ex: A coroner's inquest finds that Jeff's wife (who has recently dies) was poisoned. The results are passed to the DA. |
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| The taking of a person into custody in the manner authorized by law. Ex: obvious. |
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| A constitutional requirement that anyone taken into custody must be given certain warnings before he or she can be interrogated. Ex: Jeff is in custody, and before he is interrogated, he is read his Miranda rights: "You have the right to remain silent. Anything you say will be used against you in a court of law...." and so on. |
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Term
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| An order of the court directing the police to arrest an individual and bring him or her before the court. Ex: The DA is convinced that Jeff commited a crime. He brings a complaint to a judge, who signs an arrest warrant directing and allowing Jeff's arrest. |
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| An order originating from the court which orders a person's arrest. Ex: Anne gets a speeding ticket, and she fails to pay the fine and show up in court. The court will issues a bench warrant for her arrest. |
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| An order authorizing the police to search a specified individual or private property for specifically defined evidence. Ex: Jeff is suspected of robbery. Based upon probable cause, the court issues a search warrant authorizing the police to enter Jeff's home and search for proof of the crime. |
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| The defendant's reply to a criminal complaint. It will be either guilty or not guilty or nolo contendere. Ex: Jeff committed the crimes but pleads "not guilty," hoping to work out a plea bargain. |
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| An examination in felony cases where the judge evaluates the evidence to determine if there is probable cause to warrant a trial. Ex: Jeff is arrested for a bank robbery, and a preliminary hearing is held. At the hearing, a judge determines, based on testimony from witnesses and a police officer, if there is probable cause and if a felony trial should be held. |
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Term
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Definition
| Means that the lower court which conducted the preliminary hearing found sufficient evidence to hold the person for trial. The case is then transferred from the lower court to the superior trial court. Ex: At a prelim hearing, the judge finds there is probable cause to believe Jeff robbed a bank. He is bound over to the superior court for a felony trial. |
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| The procedure whereby an arrested person is officially charged with a crime and enters a plea to those changes. Ex: Jeff is brought before a judge after being arrested, is provided with the complaint, and enters a plea-- either gets a trial or gets out on bail. This is all part of the arriagnment. |
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Definition
| An agreement by the defendant to plead guilty in exchange for a lesser sentence or a charge of a lesser crime. Ex: Jeff commits murder, but there is probably not enough sufficient evidence, so the DA allows Jeff to enter a plea to guilty to voluntary manslaughter for a lesser sentence. |
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| A judge; or it may be a government official having limited judicial powers. Ex: A magistrate is not a judge but can conduct arraignments and preliminary hearings. |
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| The money or equivalent posted by a defendant to secure his or her release from custody pending trial. Ex: |
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| Released on own recognizance "Ored" |
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Definition
| Means the judge released the accused on the promise of the accused to appear in court, without having to post bail. Ex: Jeff is charged with shoplifting and the trial is set for 6 weeks later. He has a job, his own home, and appears reliable. The judge decides no bail; he is ORed. |
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Definition
| Being held in jail or prison. Ex: Jeff is in jail, which means he is incarcerated. |
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| "Bring forth the body" Ex: The process where a court may intervene to obtain the release of someone who has been wrongly incarcerated. |
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| Means the triers of fact found the defendant not guity. Ex: A jury unanimously agrees that Jeff is not guilty; he is aquitted. |
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| To find someone guilty of a crime. Ex: The jury unanimously finds Jeff to be guilty; they convicted him. |
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| The punishment ordered by the court for someone convicted of a crime. Ex: Jeff is convinced of manslaughter, and is sentenced to 15 years in prison. |
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| A sentence/part of a sentence that involves supervision and control outside of jail. Ex: Jeff is convicted of drunk driving and is placed on 6 months probation. He must check in with his probation officer, and do anything he wants except what his probation officer says (most likely drive a vehicle). |
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Term
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Definition
| An early release from jail with the right to complete the rest of the sentence under non-custodial supervision. Ex: Jeff is sentenced to 15 years in prison. He is released after 10 for good behavior. The remaining 5 are served on parole. He must report to the parole officer once a month and lead a law-abiding life. |
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