WARRANT - A written order from a judge that a person be arrested. If you are a victim or a witness, the warrant is based on a written statement about the crime in which you were involved.
BAIL - An amount paid or pledged by the defendant to make sure he or she will appear in court.
PRELIMINARY HEARING - A hearing, usually in general sessions court, to determine if there is reason to believe that a crime has been committed and that the defendant committed it. If so the case will be "bound over" to the grand jury.
GRAND JURY - An independent group of private citizens who listen to information about the crime in order to decide whether the case should go to trial.
INDICTMENT - If the grand jurors decide that a case should go to trial, they "return" an indictment or presentment charging the defendant with the crime or crimes he may have committed.
ARRAIGNMENT - The first scheduled appearance by the defendant in Criminal or Circuit Court. The indictment returned by the grand jury is rendered and the defendant is given a copy. Arrangements are made for an attorney for the defendant and a trial date may he set.
PLEA AGREEMENT - This is sometimes inaccurately called "plea bargaining" which is a term used to describe a method of disposing of cases without a trial. Most defendants plead guilty. Once a defendant decides to plead guilty, it is up to the District Attorney's Office and the defendant's attorney to work out an agreement to present to the judge. The defendant may agree to plead guilty to the crime(s) charged or to a lesser offense, and there may be an agreement that the District Attorney's Office will recommend a sentence to the judge. The judge may accept or reject the plea. Although you will not have the final say as to what sentence is given, the District Attorney's Office is interested in your viewpoint.
TRIAL - The court proceeding in which the District Attorney, or Assistant District Attorney, presents the case for the State, attempting to prove beyond a reasonable doubt that the defendant committed the crime as charged. The defendant may present proof to dispute the State's claim. Usually the defendant chooses whether a judge or a twelve-person petit jury will decide the case.
STAND-BY or ON CALL - If the lawyers are unsure whether a case will be ready you may be told not to come to court unless called at the last minute by a Victim-Witness Coordinator or someone else in the District Attorney's Office. You will be asked to stay close to your telephone during court time so that you can be reached if needed. This often saves victims and witnesses unnecessary trips to court.
SENTENCING HEARING - After a defendant's guilty plea is accepted or he or she is found guilty after a trial, the judge decides what happens. The defendant may be sent to prison or Jail, or the sentence may be "suspended" and the defendant put on probation. Probation means the defendant is left free as long as he or she does what the judge has told him to do. He or she may also be placed in other programs, such as "Community Corrections".
APPEAL - Convicted defendants have a right to appeal their convictions and sentences to higher courts. These courts examine the record made of the trial proceedings to determine if reversible error has occurred. If a higher court finds that serious error occurred in the trial proceedings, it might remand the case for a new trial or even dismiss the charges. Although most appeals are unsuccessful, the process is often very lengthy.
PAROLE - "Parole" is the release of a person from prison before the end of his or her sentence under certain conditions or restrictions, which must be met, or the person will be returned to prison.
