Terms Commonly Used in the Criminal Justice System

Arraignment:

The formal hearing where the accused enters a plea of guilty or not guilty.

Bench Trial:

A trial in which the Judge is the finder of fact, not a jury.

Bound Over:

When the case is transferred from the District Court to the Grand Jury.

Bond:

The mechanism that allows a defendant out of jail pending his/her trial.

Bond Revocation:

If the defendant is accused of violating any conditions placed on the bond order that allows the defendant out of jail, a hearing takes place to determine the consequences (usually return to jail).

Contempt of Court:

When a person violates a civil order of the court.

District Attorney’s Office:

The office that prosecutes all felony cases and county misdemeanors on behalf of the State of Alabama.

Defendant:

The person who is accused of a criminal act.

Defense Attorney:

The attorney for the person accused of a crime.

Discovery:

The term used to describe the official procedure for a defendant or their attorney to obtain legal information about the State’s case.

Deferred Prosecution Programs:

Programs for defendants who are first time offenders for certain crimes. Successful completion would likely result in the dismissal of criminal charges.

Grand Jury:

A jury of 18 people who hear evidence presented by the District Attorney’s Office regarding felony charges. The charges are drawn on a document called an indictment. It is the legal mechanism used to determine if there is enough probable cause to move a felony case from District Court to Circuit Court for a trial.

Habitual Offender:

A person who has a recidivist record will be identified as habitual offender and may face enhanced punishment.

Indictment:

A formal charging document that is produced by the District Attorney’s Office through the Grand Jury and is submitted to the Clerk of Court as the official charge(s) against a defendant. These are the charges that the State is required to prove in a trial.

Jury Trial:

A trial in which a jury of peers is the finder of fact.

Motions:

Procedures in which the prosecutor and defense attorney argue in front of a Judge about what specifically is and is not allowed in a pending trial.

No Bill:

The term is used when a Grand Jury does not find sufficient evidence to proceed with charges against a defendant.

Nolle Pros:

The procedure in which the prosecutor may dismiss a case after charges have been filed with the Court.

Preliminary Hearing:

A hearing in front of a District Court Judge to gain more information from the parties involved as it relates to probable cause.

Probable Cause:

The measure of standard required before a District Court Judge can bind a case over to Grand Jury or issue a warrant.

Probation:

An alternative to jail that often includes various conditions that the defendant must comply. Often times involving counseling and/or treatment.

Probation Revocation:

A hearing to determine if the defendant has violated conditions of his/her probation and subsequent consequences.

Prosecutor:

The attorney for the State of Alabama.

Reasonable Doubt:

The level of proof required by the State to prove the charges at trial.

Restitution:

The amount of money the Judge orders the defendant to pay at sentencing to reimburse a victim for out of pocket expenses.

True Bill:

The term is used when a Grand Jury finds sufficient evidence to proceed with charges against a defendant.

Victim Compensation:

A State of Alabama program which provides financial support for victims of crime for out of pocket expenses related to a crime. Types of expenses can include: medical, funeral, mental health, lost wages, and loss of support.