OFFICE OF THE PUBLIC DEFENDER
FIRST JUDICIAL CIRCUIT

LEGAL GLOSSARY

Arraignment
In criminal cases this is the proceeding where the accused is formally and officially charged and made aware of the charge(s).

Appeal
The process whereby a higher/reviewing court reviews the actions of a lower court for purpose of determine error, if any.

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.

Bail bond
An obligation signed by the defendant, with sureties, to secure his/her presence in court.

Capias
An order to take a person into custody, used interchangeably with an arrest warrant.

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.

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.

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.

Misdemeanor
A minor offense, lower than a felony, and punishable by a fine orimprisonment other than in penitentiaries.

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.

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.

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.

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.

Testimony
Evidence given by a competent witness, under oath; as distinguished from evidence derived from writings and other sources.

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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