Criminal Defense Glossary
- Acquittal
- A legal judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt.
- Affidavit
- A written statement confirmed by oath or affirmation, for use as evidence in court.
- Arraignment
- A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Bail
- The release of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required.
- Burden of Proof
- The duty to prove disputed facts. In criminal cases, the burden of proof is placed on the prosecution, who must demonstrate that the defendant is guilty beyond a reasonable doubt.
- Charges
- Formal accusations filed by the prosecution that a specific person has committed a specific crime.
- Defendant
- An individual (or entity) against whom a lawsuit is filed or who is accused of a criminal act.
- Discovery
- The process by which lawyers learn about their opponent's case in preparation for trial.
- Due Process
- The constitutional guarantee that a defendant will receive a fair and impartial trial.
- Evidence
- Any type of proof legally presented at trial through witnesses, records, and/or exhibits.
- Felony
- A serious crime, usually punishable by at least one year in prison.
- Misdemeanor
- A crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement in a local jail.
- Plea Bargain
- An agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor.
- Probation
- A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Prosecutor
- The state attorney in a criminal case.
- Public Defender
- A lawyer employed to represent individuals accused of crimes who cannot afford to hire a private attorney.
- Verdict
- The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.