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redpushpin.gif (1450 bytes)Glossary of Selected Legal Terms


                        (used in the website)



Acquittal1800victims.com
A final judgment by a judge or jury that the prosecution has not proven a criminal defendant's guilt beyond a reasonable doubt. This is not a guilty verdict.

Adjudication
The decision (decree or judgment) by the court concerning the defendant(s) involved in the case.

Allocution
The right a victim has to make a statement (written or spoken) at felony sentencing hearings and parole hearings.

Arraignment
The initial court proceeding during a criminal prosecution. The defendant is advised of the allegations and his or her rights. A plea is then requested. If, at the conclusion of a preliminary hearing, a defendant is ordered to trial, he/she will be arraigned again in superior court.

Bail
The deposit - money, property, or bond - that is put up by, or on behalf of, an arrested person to secure his or her release from jail before or after court proceedings begin. The state Constitution declares all arrested persons, other than those charged with a death penalty offense, are entitled to bail.

Complaint
A written accusation filed by a prosecutor in a justice or municipal court that accuses one or more persons of committing one or more crimes.

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Continuance
A delay of court proceedings.

Disposition
A final disposition is a legal action which takes place following an adult or juvenile felony arrest. Examples are dismissal, acquittal, or conviction. Examples of intermediate dispositions are suspended proceedings or the placement of a defendant in one or more programs.

Discovery
A pretrial procedure in which the prosecuting or defense attorney receives evidence in the possession of the other, including witness statements, police reports, scientific examinations, etc. Discovery permits the attorneys to prepare their cases and helps to ensure a fair trial.

Dismissal
A decision by a judge to end the prosecution of a case without deciding whether the defendant is guilty or not guilty.

Diversion

Enhancement
Additional confinement time added to the base prison term, based on specific circumstances such as use of a gun or knife when committing a crime.

Felony
A crime which may be punishable by imprisonment in a state prison and/or a fine, or death. Probation, with or without county jail time, may also a possible disposition.

Good Cause

Holding Order
A decision by a judge ordering one or more persons to stand trial after a preliminary hearing. A holding order is based on findings that one or more crimes have been committed and that there is sufficient cause to believe that one or more persons identified at the preliminary hearing committed the crime(s).

Indeterminate sentence
Sentences that are not fixed and may be imposed for severe felony crimes, such as murder. Examples of these sentences are fifteen to life or twenty-five to life. Actual release dates are set by the Board of Prison Terms after a parole hearing.

Indictment
A written accusation returned by a grand jury and filed in superior court.

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Misdemeanor
A crime punishable by imprisonment in the county jail for not more than one year, or by fine, or both.

Mitigating circumstances
Factors that a judge may consider in reducing the penalty for committing a crime.

Own recognizance (OR)
The release, without bail, of a criminal defendant who promises a judge to appear at future court proceedings. In certain cases, the judge has statutory discretion to release the defendant without posting bail. Failure by a defendant to later appear in such a case is a crime.

Parole
The formal supervision of a convicted offender by a state parole agent when the offender is released from a state correctional institution into the community.

Plea
The response by a defendant to formal change(s) in court. Such pleas include guilty, not guilty, nolo contendere (no contest) or not guilty by reason of insanity.

Plea Bargain
A plea bargain usually involves a  plea by a criminal defendant of guilty or nolo contendere (no contest)  to a lesser offense or to only one of several charged offenses in return for an agreed-upon disposition.

Probation
A status judicially imposed on a criminal defendant who agrees to be supervised, usually formally, by a county probation department under specified conditions. Conditions of probation may include county jail, a fine, restitution to the victim, community work, or counseling.

Restitution Fine
A fine that a convicted perpetrator must pay to the State as part of sentencing

Restitution Order
Compensation to a crime victim by a criminal defendant for financial losses or personal injuries cause by the crime, sometimes called "victim's restitution" or direct restitution. Every victim who suffers economic loss as a result of criminal activity is entitled to restitution upon sentencing of a defendant.

Right to be Heard by the Judge
Crime victims have the right to independently participate in certain stages of the criminal process such as plea bargaining or sentencing by providing the Judge or Jury with information regarding the victim's distinct interest, knowledge and opinions.

Right to Information
This right mandates that the government provide crime victims the information they need as they navigate the criminal justice process.  

Right to Notice
Crime victims cannot exercise their rights unless they are notified in advance of specific events during the criminal proceeding in which their rights and interests will be implicated.  This right entitles victims to such notice.

Right to be Present During Criminal Proceedings
Crime victims have the right to sit in the courtroom and observe firsthand, what is happening in the criminal case against the defendant(s).

Right to be Treated Fairly
The California Penal code ensures that all victims and witnesses of crimes are treated with dignity, respect, courtesy and sensitivity.  Penal Code 679

Right to Privacy
The right to privacy is the right of crime victims to be free from unwarranted intrusion by the government.  Some information is considered absolutely protected, and a court cannot order its disclosure.  For other information, the court will balance the needs of crime victims, the state, and the defendant in deciding whether this information must be disclosed.

Right to Prompt Disposition
The repeated rescheduling of court proceedings takes a severe emotional and financial toll on many crime victims.  This right ensures that courts must take into account the needs of crime victims before granting continuances in a criminal case.  Penal Code 679.02

Right to Protection
Crime victims have a right to be reasonably protected by the government during a criminal case.  Penal Code 136.2

Right to Restitution
In California, crime victims have the right to receive financial compensation from the offender for any economic loss to a victim.  The judge must order restitution in every case where economic loss is shown.

UDSL
The Uniform Determinate Sentencing Laws established fixed terms for crimes and removed the element of judicial discretion from sentencing proceedings.

Victim Impact Statement 
In felony cases, the probation department is required to compile a presentence report for the judge to use to impose sentence. This report usually includes a victim impact statement, which is prepared by the probation officer after speaking with the victim and includes the victim's view of the effects of the crime on the victim and the victim's family.

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