Terms
The process whereby the accused, the public defender, and the district attorney reach an agreement regarding the degree of the charges &/or the punishment.
What is a Plea Bargain.
The person accused of committing a crime.
Who is the Defendant.
This person presides over the court, interprets the law and makes sure that you receive a fair trial. They also decide the sentence.
Who is the judge.
Hearings conducted to determine a person's mental capacity. They may be held within the criminal context to determine competency to stand trial, or to be sentenced, or to determine whether at the time of the offense the accused was legally sane.
What is the Competency Hearing.
A stated period of time where a convicted criminal offender is released into the community under the supervision instead of incarceration. The defendant must agree to specified standards of conduct such as no drinking or drugs, no associating with known felons, no changing residences without permission and staying out of trouble.
What is Probation.
The lawyer who defends the person accused of committing a crime. They offer their own witnesses to present their client's version of the facts.
Who is the Public Defender ~or~ Defense Attorney.
The stage of the criminal justice process in which the defendant is brought before the court to hear how long he/she will serve.
What is the Sentencing.
Which Amendment protects me from testifying against myself.?
The Fifth Amendment.
The lawyer who prosecutes cases on behalf of the people of the State of California. By questioning witnesses they try to convince the judge and jusry that the defendant is guilty beyond a reasonable doubt.
Who is the District Attorney.
You are telling the court "I am not going to fight the case. Go ahead and sentence me." This plea has the same result as pleading guilty and you will be sentenced as guilty and cannot change your mind later.
What is No Contest.
People called to the stand to give testimony about what they saw or heard relating to the case. They have to swear to tell the truth.
Who is the witness.
A complaint to a higher court to review the decision of a lower court to determine whether or not an error or injustice was committed by the lower court that should be corrected.
What is an Appeal.
An amount of money normally set by the judge at the initial appearance to ensure the return of the accused at subsequent hearings. If the accused is unable to provide this money, or otherwise unable to be released on his or her own recognizance, he or she is detained in custody.
What is Bail.
The person who writes down the judge's orders, keeps all the records and evidence and swears in the witnesses.
Who is the Court Clerk.
You are saying to the court, "I did it, but I was mentally ill at the time." If you are found to meet these criteria you will be sent to a psychiatric hospital.
What is Not Guilty by Reason of Insanity.
This is the deputy sheriff assigned to the courtroom for security purposes. They ensure the protection of everyone in the coutroom. They also are responsible for bringing criminal defendants into the courtroom and keeping juries isolated while they deliberate.
Who is the Bailiff.
The hearing by a judge to determine whether a person charged with a crime should be held for trial.
What is a Preliminary Hearing.
If I violate my probation, instead of going back to jail, what else can happen.
I can be reinstated.
A person who is fluent in at least one language other than English who translates in the courtroom for non-English speaking parties and witnesses in arraignments, pleas, pre-trial hearing and trials.
Who is Court Translator.
You are not saying you did the crime, you are not saying you didn't do the crime.
No Contest
The person who uses a stenograph machine to keep a record of everything said during the court proceedings. Their written document is called a 'transcript.'
Who is a Court Reporter.
This court hearing consists of the Judge, the State Attorney, the Public Defender and the Jury?
What is Trial