Acquittal
A final judgment by a judge or jury that the prosecution has not proven a criminal defendant's guilt beyond a reasonable doubt. This is a not guilty verdict.

Adjudication
The decision (decree or judgment) by the court concerning the defendant(s) involved in a case.

Aggravation
Facts about the defendant or the crime that are used by the court when determining the prison sentence. Under the sentencing criteria, these facts may contribute to a longer prison sentence.

Allegation The charge or claim that the prosecutor expects to prove in court.

Allocution
The right a victim has to make a statement (written or spoken) at felony sentencing hearings and parole hearings.

Arraignment
The initial court proceeding during a criminal prosecution. The defendant is advised of the allegations and his or her rights. A plea is then requested. If, at the conclusion of a preliminary hearing, a defendant is ordered to trial, he/she will be arraigned again in superior court.

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Bail
The deposit money, property, or bond that is put up by, or on behalf of, an arrested person to secure his or her release from jail before or after court proceedings begin. The state Constitution declares all arrested persons, other than those charged with a death penalty offense, are entitled to bail.

Calendar
The list of cases set to be heard in the same court on the same day.

Complaint
A written accusation filed by a prosecutor in a justice or municipal court that accuses one or more persons of committing one or more crimes.

Continuance
A delay of court proceedings.

Conviction
A guilty judgment based on the verdict of a jury, a judge, or on the plea of guilty or nolo contendere (no contest) by a criminal defendant.

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Defendant
A person against whom a criminal case is pending.

Defense attorney
The attorney representing the defendant; he or she may be a private attorney, a court appointed attorney, or a county public defender.

Disposition
A final disposition is a specific legal action which takes place following an adult or juvenile felony arrest. Examples are dismissal, acquittal, or conviction. Examples of intermediate dispositions are suspended proceedings or the placement of a defendant in one or more programs.

Direct examination The questioning of a witness by the attorney who first called the witness.

Discovery The pretrial procedure in which the prosecuting or defense attorney receives evidence in the possession of the other, including witness statements, police reports, scientific examinations, etc. Discovery permits the attorneys to prepare their cases and helps to insure a fair trial.

Dismissal
A decision by a judge to end the prosecution of a case without deciding whether the defendant is guilty or not guilty.

DSL
The Uniform Determinate Sentencing Laws which established fixed terms for crimes and removed the element of judicial discretion from sentencing proceedings.

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Enhancement
Additional confinement time added to the base prison term, based on specific circumstances such as use of a gun or knife when committing a crime.

Evidence
Testimony, documents, material objects or anything presented to human senses that are offered to prove or disprove any fact relevant to a case.

Expert witness
A person who has training, education or experience on a particular subject and who is formally found to be qualified as an expert by a judge. The expert witness may give opinions in court on matters in which his or her expertise is relevant. Nonexpert witnesses normally cannot give opinions in response to questions in court, but must speak only to facts.

Felony
A crime which may be punishable by imprisonment in a state prison and/or a fine, or death. Probation, with or without county jail time, is also a possible disposition.

Holding order
A decision ordering one or more persons to stand trial. This is made by a justice or municipal court judge after a preliminary hearing. A holding order is based on findings that one or more crimes has been committed and that there is sufficient cause to believe one or more persons identified at the preliminary hearing committed the crime(s).

Hung jury
A hung jury occurs when jurors cannot unanimously agree on a verdict of either guilty or not guilty, followed by the judge declaring a mistrial. The case may or may not be retried, at the discretion of the prosecutor.

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Indeterminate sentence
Sentences that are not fixed and may be given for severe felony crimes such as murder. These sentences may be fifteen or twenty-five years to life with release dates set by the Board of Prison Terms after a parole hearing.

Indictment
A written accusation returned by a grand jury and filed in superior court.

Information
A written accusation filed in superior court by the prosecuting attorney after a holding order and accusing one or more persons of committing one or more crimes.

Investigators
Either private investigators working for the defense or law enforcement personnel working for the prosecution during the preliminary investigation of a criminal case.

Lower courts
These are justice and municipal courts.

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Misdemeanor
A crime punishable by imprisonment in the county jail for not more than one year, by fine, or both.

Mistrial
A mistrial occurs when a trial must be stopped for any reason at some time after starting or when jurors cannot unanimously agree on a verdict. The case may or may not be retried, at the discretion of the prosecutor.

Mitigating circumstances
Factors that a judge may consider in reducing the penalty for committing a crime.

Motion The formal request, by either prosecution or defense, for a judge to hear and decide a disputed issue.

"Overruled"
A judge's ruling that an attorney's objection is improper.

Own recognizance
The release, without bail, of a criminal defendant who promises a judge to appear at future court proceedings. Invcertain cases, the judge has statutory discretion to releasevthe defendant without posting bail. Failure by a defendant to later appear in such a case is a crime.

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Parole
The formal supervision of a convicted offender by a state parole agent when the offender is released from a state correctional institution into the community.

Plea
The response by a defendant to formal charge(s) in court. Such pleas include guilty, not guilty, nolo contendere (no contest) or not guilty by reason of insanity.

Plea bargain
A plea bargain usually involves a criminal defendant pleading guilty or nolo contendere (no contest) to a lesser offense or to only one of several charged offenses in return for an agreed-upon disposition.

Probation
A status judicially imposed on a criminal defendant who agrees to be supervised, usually formally, by a county probation department under specified conditions. Conditions of probation may include county jail, a fine, restitution to the victim, community work, counseling or "good conduct."

Prosecutor
At the local level the prosecutor will usually be the County District Attorney's Office. In some cases the prosecutor may be from the City Attorney's Office. The prosecutor reviews evidence to determine if a complaint may be filed. When a complaint is filed, the prosecutor will then handle the case through final disposition.

At the state level the prosecutor is the Attorney General's Office. On appeal, the prosecutor reviews the trial court records and represents the people in defending the actions of the district attorney's office and trial court.

Public defender
At the local level the County Public Defender, if appointed, will be the attorney for the defense. The public defender will present the defendant's case in court.

At the state level the State Public Defender's Office, if appointed, will define the issues and present the defendant's case on appeal.

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Restitution
Compensation to a crime victim by a criminal defendant for financial losses or personal injuries caused by the crime.

Restitution Fund A government account funded by penalty assessments added to fines from felony offenses, misdemeanors, or infractions. The fund is used to pay victims who file claims with the Victims of Crime Program administered by the Victim Compensation and Government Claims Board.

Sentence The penalty imposed by a judge upon a convicted criminal.

Subpoena
A mandatory legal notice to appear in court.

"Sustained"
A judge's ruling that an attorney's objection is proper.

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Temporary Restraining Orders (TROs)
An order by the court that forbids a person from specific activities for a short time. TROs are often used in matters involving family or relationship violence.

Victim
Anyone who suffers emotional or physical injuries or who dies as a result of a crime.

Voir Dire
Questioning a juror or a witness to learn competency, qualifications and knowledge.

Witness
A person who has knowledge about a case and who may be called upon to testify in court.

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