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Office of the Public Defender
LEGAL GLOSSARY
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Arraignment
In criminal cases this is the proceeding where the accused is formally and
officially charged and made aware of the charge(s).
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Appeal
The process whereby a higher/reviewing court
reviews the actions of a lower court for purpose
of determine error, if any.
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Bail
In criminal cases, a sum of money posted by or on behalf of a defendant to
guarantee his appearance in court after being released from jail.
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Bail bond
An obligation signed by the defendant, with sureties, to secure his/her
presence in court.
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Capias
An order to take a person into custody, used interchangeably with an arrest warrant.
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Deposition
The taking of testimony of a witness under oath outside of court, usually
transcribed in writing by a court reporter, or less frequently, recorded on
video tape.
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Disposition
The order of a juvenile court determining what is to be done with a minor
already adjudged to be within the court's jurisdiction. In criminal cases, the
settlement of a case.
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Felony
A crime punishable by death or imprisonment for a term of not less than
one year. A felony is of a more serious nature than a misdemeanor.
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First appearance
A proceeding which the defendants come before the magistrate and are
informed of the charges against them and of their rights to a preliminary
hearing, to counsel and to bail. No plea is asked for at this state.
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Misdemeanor
A minor offense, lower than a felony, and punishable by a fine or
imprisonment other than in penitentiaries.
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Probation
A sentence or portion of a sentence where the
defendant is required to comply with conditions
imposed by the court. A Probation Officer
supervises/monitors the probationer to insure
that the probationer complies with the courts
sentence.
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Restitution
Court-ordered payment by the offender to the victim for purposes of
reimbursing the victim for loss caused by the offender.
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Sentence
The judgment formally pronounced by the court upon the defendant after
conviction in a criminal prosecution, imposing the punishment to be
inflicted.
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Subpoena
An official order to appear in court (or at a deposition) at a specific time.
Failure to obey a subpoena to appear in court is punishable as a contempt
of court.
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Summons
A notice to the named person that an action has been commenced against
him in court and that he is required to appear, on the day named to answer
the complaint.
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Testimony
Evidence given by a competent witness, under oath; as distinguished from
evidence derived from writings and other sources.
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Warrant
A written order issued and signed by a judge or magistrate which allows
the police to search a place and seize specified items found there (search
warrant), or to arrest or detain a specified person (arrest warrant).
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