Helpful Terms and Definitions:

Adjudication:

The plea or trial of a juvenile offender

 

Arraignment:

A hearing in which criminal charges are read to the defendant, bond is set and the next hearing date is scheduled

 

Bench Trial:

Trial in front of a judge and no jury. In this type of trial, the judge decides the verdict

Jury Trial:

Trial in which a jury decides the verdict

 

Bindover:

The transfer of a felony or high misdemeanor case, from District Court to Circuit Court

 

Complaint:

Legal document that tells the district court and defendant what type of charges are being brought against the defendant

 

Disposition:

Sentencing of a juvenile

 

Diversion Program:

Alternative to formally authorizing a petition. The program provides supervision of the juvenile, community service, restitution tutoring and other services

 

Felony:

Criminal charge punishable by more than one year

 

High Court Misdemeanor:

Charges carrying a penalty of two years incarceration. Treated similarly to felony charges, but do not carry the same stigma as felonies if convicted

 

Intake Department:

Decides whether formal or informal intervention will occur with the juvenile

  

Misdemeanor:

Criminal charge punishable by one year or less in county jail

 

Motions:

Help to decide many legal and evidentiary issues surrounding a case

 

Petition:

A complaint or other written accusation that a juvenile has committed a crime

 

Plea Agreement:

An agreement in which the prosecutor and the defense agree on a suitable punishment for the offender. This requires a plea on behalf of the defendant.

 

Preliminary Examination:

Hearing at the District Court level for both felonies and high court misdemeanors at which the prosecution must present evidence to show probable cause that a crime was committed; and that the defendant committed that crime. If probable cause is shown, the defendant is then bound over to Circuit Court.

 

Pretrial/Settlement Conference:

Meeting between the prosecutor and the defense attorney (or between the Prosecutor and the defendant if he/she does not have an attorney) to resolve issues surrounding the case and to discuss whether there will be a plea, motions, or a trial

 

Sentence:

Punishment handed down by the judge to a defendant who has been found guilty