LEGAL DEFINITIONS YOU SHOULD KNOW

  • An arraignment is the initial step in the criminal process where the defendant is informed of the charges against him or her and a plea is entered.

  • Nolo contendere is Latin for “no contest”. A no contest plea is treated the same as a guilty plea in a criminal case. However, a no contest plea may be beneficial for civil liability purposes.

  • A complaint is the document that lists the charges or accusations made by the prosecuting agency against the defendant. The purpose of the complaint is to give the defendant sufficient notice of the accusations brought by the state. Therefore, the complaint should contain the code section of each accusation, words that explain the code section, the name of the victim (if any), and whether the code section is an infraction, misdemeanor, or felony.

  • Discovery is evidence that each party discloses to the other party. In criminal cases the prosecution is required to give the defendant evidence that the prosecution intends to use at trial and any evidence that tends to clear, justify or excuse a defendant from the charges alleged on the complaint. The evidence can consist of police reports, defendant’s criminal record, photographs, video tapes, witness statements, blood test results, etc.

  • A motion is an application to the court requesting the court to rule in your favor. For example, a defendant can file a motion requesting the court to suppress the evidence in his or her case based on the police officer making an illegal detention or arrest of the defendant, or conducting an illegal search. There are many different types of motions.

  • A trial is where the prosecutor presents evidence to try and prove that the defendant is guilty beyond a reasonable doubt of the charges alleged on the complaint or information. In a criminal case, the defendant has the option of a bench trial or jury trial. A bench trial is where the evidence is presented to a judge and the judge determines if the defendant is guilty or not guilty of the charges. A jury trial is where the evidence is presented to twelve citizens. All twelve citizens have to find the defendant guilty or not guilty of the alleged charges.

  • Liability is the legal responsibility for one's actions, which may involve the obligation to compensate for harm or loss caused.

  • The Plaintiff is the person or party who initiates a lawsuit by filing a complaint, seeking a legal remedy.

  • The Defendant is the person or party against whom a lawsuit is filed, defending against the claims made by the plaintiff.

  • The evidence is the information presented in court to prove or disprove facts relevant to a case.

  • Testimony is the statements or declarations made by witnesses under oath during legal proceedings.

  • Due Process is the fair and impartial treatment of individuals within the legal system, ensuring fundamental rights are protected.

  • The judgment is the official decision or pronouncement by a court in a legal case.

  • A settlement is the agreement between parties to resolve a dispute without going to trial, often involving financial compensation or other concessions.

  • An appeal is a request for a higher court to review and possibly overturn a decision made by a lower court, generally after a case has finished.

  • A petition for writ is a request for a higher court to overturn a decision made by a lower court or agency, release someone from custody, or reverse a conviction, generally while a case is still ongoing, or after the traditional appeal process has concluded.

  • The Statute of Limitations is the time limit within which legal action must be taken on a particular matter.