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CRIMINAL JUSTICE FLOWCHART AND TERMINOLOGY

Adult Misdemeanor Cases

Adult Felony Cases

Acquittal  

A discharge or release which takes place when the judge or jury, upon trial finds a verdict of not guilty.

 

Arraignment  

A hearing at which the defendant is formally notified of the charges against him and at which time a plea of not guilty, guilty, or no contest is entered. If a not guilty plea is entered, the case is given a trial date.

 

Bail  

An amount of money set by the police or court which must be posted or pledged before an accused may be released from jail, to assure the person's presence in court.

 

Bench Warrant  

A written court order directing the police or the sheriff to arrest a person who has failed to appear at court, failed to follow a court order, or has been indicted by the Grand Jury for a crime.

 

Contempt  

Willful disobedience to or open disrespect for a court or judge. Defendant  

A person arrested and charged with committing a crime.

 

Deferred Acceptance Deferred Acceptance of Guilty Plea (DAG) or Deferred Acceptance of No Contest Plea (DANC)

A pretrial procedure under which acceptance of a plea of guilty or no contest may be postponed and the defendant eventually discharged without a judgment of guilty, upon successful completion of terms and conditions set by the court.

 

Dismissed  

The court can dismiss the charges (the person was not actually found to be "not guilty:)

 

Felony  

A serious crime, as opposed to a misdemeanor, the distinction is often made in terms of the applicable punishment, felonies being punishable by more than a year in jail.

 

Grand Jury  

A jury of men and women made up of sixteen people who determine if there is probable cause to believe that the defendant committed the crime.

 

Indict  

To formally accuse in writing.

 

Misdemeanor  

A crime with a punishment of no more than one year in jail.

 

No Contest or "Nolo Contendere"  

A Latin phrase meaning "I will not contest it"; a plea which has a similar legal effect as pleading guilty. A defendant may plead nolo contendere only with consent of the court. The principal difference between a plea of not guilty and a plea of nolo contendere is that the latter may not be used against the defendant in a civil action based on the same acts.

 

Penal Summons  

An official complaint with court date set.

 

Plea

A defendant's answer to a charge filed against him (guilty, not guilty, no contest).

 

Preliminary Hearing  

A proceeding in which the judge determines as to whether there is probable cause to believe that the defendant committed the crime.

 

Probable Cause

A reasonable belief which supports that a defendant did actually commit the crime.

 

Prosecutor  

A lawyer who represents the State in criminal proceedings responsible for bringing the accused to justice.

 

Released  

After arrest, the defendant may be released with no charge, or released pending investigation.

 

Sentencing

After a defendant pleads guilty to a crime, or is found guilty of a crime after a trial, sentencing is the time when the court decides what punishment to give the defendant

 

Trial

A proceeding at which evidence is presented to a judge or jury who then decides whether the defendant committed the crimes charged

 

Verdict

The formal decision or finding made by a judge or jury

Last Reviewed: Thursday, May 29, 2003