Accusatory instrument -
A written accusation filed with the court charging the defendant
with one or more offenses.
Adjournment - A postponement
of a criminal case.
Arraignment -
The court proceeding during which a person is informed of
the charges against him or her.
Arrest - When the police take
a person into custody on probable cause with or without a
warrant.
Bail and bail bonds
- Bail refers to "cash bail" or a "bail bond". Cash
bail means a sum of money, set by the court, posted by
the defendant or any other person, upon the condition that
the money will be forfeited to the state if the defendant
does not comply with the directions of the court requiring
his or her attendance at the criminal proceeding.
Bail bond is a form of bail and when this term is used in
the Criminal Court it almost always refers to a bail bond
issued by a recognized insurance company. It is a guarantee
to the court by the insurance company that while the defendant
is at liberty as a result of the posting of the bail bond,
he or she will appear in court in the criminal action whenever
his or her attendance is required. If the defendant fails
to appear as required, the insurance company will pay to
the Court the specified sum of money designated by the court
which set the bail.
Bench warrant - A court
order issued for a defendant's arrest if he or she fails
to appear for a court proceeding other than an arraignment.
Certificate of
Disposition - An official court document that indicates
the current
status of a case or its final disposition.
Certificate of Good Conduct - A certificate
issued by the New York City Police Department which includes a copy of the
person's fingerprints and an indication of any arrest record.
Certificate of Relief from Civil Disabilities -
A Cerificate of relief from Civil Disabilities may be granted by the Court
to a defendant who has been sentenced to a revocable sentence (probation,conditional
discharge, etc.) or a sentence other than one executed by commitment to a state
correctional facility. The Certificate relieves the eligible offender of any
forfeiture or disability or removes any bar to his/her employment automatically
imposed by law because of his/her conviction such as with state or municipal
government. An application for a certificate can be obtained at the clerk's
office of the court where the sentence was given. For more information see
Article 23 of the Correction Law.
Conviction - When the court enters a plea
of guilty or a finding of guilt by a jury or the Court.
Crime Victim Assistance Fee -
A $5.00 fee imposed upon conviction of a felony, misdemeanor, or violation.
Defendant - A person or corporation charged
with committing an offense.
Desk Appearance Ticket (DAT) -
A written notice given by a police officer to a person arrested, requiring
him/her to appear in court at a later date for arraignment.
Discovery - A legal process by which lawyers
are entitled to find out information from their adversary in a pending case.
Docket number - A nine character court reference
number which identifies a criminal court case. The first two digits indicate
the year in which the case was filed. The third character is a letter which
identifies the county in which to case was filed*. The final six digits identify
the specific case.
* N = New York (Manhattan); K = Kings (Brooklyn); Q = Queens; X = Bronx; R
= Richmond (Staten Island); C = Midtown Community Court
Evidence -Testimony and exhibits introduced
at a hearing or a trial.
Exhibits - Physical evidence introduced at a
hearing or trial.
Felony - An offense for which a sentence to a
term of imprisonment in excess of one year may be imposed. For the purpose
of sentence, felonies are divided into five categories or classes: A, B, C,
D and E felonies. Class A felonies are divided into two sub-categories: A-I
and A-II felonies. Class A felonies carry the longest jail sentences and class
E felonies carry the shortest jail sentences for felony cases. Jail sentences
for misdemeanor and violations or infractions are even shorter.
Fine - A sentence that requires the payment of money
to the court.
Fingerprints - Reproductions of unique finger
marks, which are used to identify people.
Grand Jury - A group of citizens who decide
whether the prosecutor has enough evidence to pursue felony (and perhaps also
misdemeanor) charges against a person.
Hearing - A court proceeding where testimony
is given, exhibits are reviewed, and/or legal arguments are made to help a
judge decide an issue in a case.
Indictment - A document that contains the
felony (and perhaps also misdemeanor) charges that were voted by the grand
jury.
Indigent - A person found by the court to be
unable to afford to hire a lawyer or otherwise meet the expense of defending
a criminal matter. If the defendant is determined to be indigent, a defense
counsel is appointed by the court.
Jurisdiction - The power to hear
and determine a case.
Mandatory Surcharge - A fee that is imposed
upon a defendant when he/she has been convicted of an offense. It is separate
and distinct from any fine which the court may have imposed.
Misdemeanor - A specific type of offense
for which a person may be sentenced to more than 15 days but not more than
one year in jail.
Motion - A request made, by one of the parties
to a criminal action, seeking some sort of relief.
Notarize - To attest or acknowledge.
Offense - Conduct for which a person may be sentenced
to a fine or jail. This is a very broad term and includes felonies, misdemeanors,
violations and infractions.
Order of protection - A court order
setting forth conditions of behavior which must be complied with by one of
the parties in a criminal action. Usually the complainant requests the order
and the defendant must abide by the conditions set forth therein.
Petty offense - A violation or traffic
infraction.
Plea bargain - An agreement between the
defendant, a judge, and a prosecutor in which the defendant admits guilt, usually
in exchange for a promise that a particular sentence will be imposed.
Plead guilty (guilty plea) - When defendant
admits to having committed a charged offense.
Prosecutor - A lawyer who represents the government
in criminal cases (also known as the Assistant District Attorney or A.D.A.,
the People, or the prosecution).
Release on Recognizance (ROR) - To be released from
custody without bail while a case is pending. This is often referred to as
parole.
Sentence - A punishment prescribed by law and
imposed by a judge following a conviction.
Summons - An appearance ticket requiring a defendant
to appear before the court for arraignment on an underlying accusatory instrument.
Testify (testimony) - To speak under oath.
Traffic infraction - A violation of
the New York State Vehicle and Traffic Law that has not been classified a misdemeanor
or felony. It is considered a petty offense.
Trial - A court proceeding during which a judge
or jury decides whether a person is guilty or not guilty of the charges against
him or her.
Violation - An offense for which a person may
be sentenced to no more than 15 days in jail.
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