Criminal Terminology

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 enter a plea.

Arson - To unlawfully and intentionally damage, or attempt to damage, any real or personal property by fire or incendiary device.

Attorney General - The main legal advisor to the government both State and Federal, vested with the responsibility of enforcing the laws. In state level attorney general’s office handles cases that involve state matters rather than local matters.

Bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his appearance on the day and time set by the court.

Bench Trial - Trial without a jury in which a judge decides which party prevails.

Brief - A written statement submitted by each party in a case that explains why the court should decide the case, or particular issues in a case, in that party's favor.

Burden of Proof - All elements of crime must be proven by the State beyond a reasonable doubt.

Capital Offense - A crime punishable by death.

Conviction - A judgment of guilt against a criminal defendant.

Discovery - The process by which lawyers learn about their opponent's case in preparation for trial. Typical tools of discovery include depositions, interrogatories, requests for admissions, and requests for documents. All of these devices help the lawyer learn the relevant facts and collect and examine any relevant documents or other materials.

District Attorney - The local prosecution office responsible for prosecuting state and local laws in each county.

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Elements - Essential parts of a crime are called its "elements". All the elements of a crime must be proven by the State beyond a reasonable doubt.

Federal Public Defender - An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act.

Felony - Crimes punishable by prison for more than one year. Punishment for some felonies (capital felonies) includes either life imprisonment or the death penalty.

Grand Jury - A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense.

Hearsay - Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

Habeas Corpus - A writ (court order) that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. Someone imprisoned in state court proceedings can file a petition in federal court for a "writ of habeas corpus," seeking to have the federal court review whether the state has violated his or her rights under the U.S. Constitution. Federal prisoners can file habeas petitions as well. A writ of habeas corpus may also be used to bring a person in custody before the court to give testimony or to be prosecuted.

Hate Crimes - A criminal offense committed against a person or property which is motivated, in whole or in part, by the offender's bias against a race, religion, disability, ethnicity/national origin, or sexual orientation.

Impeachment - 1. The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be "impeached;" 2. The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government, who are then tried by the Senate.

Indictment - The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

Jury - The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact.

Liquor Law Violations - The violation of laws or ordinances prohibiting: manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)

Misdemeanor - An offense or crime which is not a felony. Punishment for a misdemeanor is typically a fine or possibly jail time of up to or one year.

Mistrial - An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.

Motion - A request by a litigant to a judge for a decision on an issue relating to the case.

Nolo Contendere - No contest. A plea of no contest can be entered in some cases in lieu of not guilty and  has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for certain purposes in civil litigation.

Parole - Period that those released from Prison before completion of the entire sentence remain on parole for a period of time and if they don’t commit a crime then their sentence is considered discharged.

Plea - Defendant's statement pleading "guilty" or "not guilty" in answer to the charges.

Pleadings - Written statements filed with the court which describe a party's legal or factual allegations.

Precedent - A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally "follow precedent"-meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.

Preliminary Hearing - Also known as the “probable cause” hearing.  At the preliminary hearing in state cases the prosecution must show that a crime was committed and that there is probable cause to believe that the defendants committed the crime.

Pre-Sentence Report - A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence.

Presumption of Innocence - The Federal Constitution due process clause requires that anyone charged with committing a crime is presumed innocent until proven guilty by the State. Separate guarantees are provided to citizens under their State Constitutions.

Pre-Trial Conference - A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case.

Pre-Trial Services - A department of the district court that conducts an investigation of a criminal defendant's background in order to help a judge decide whether to release the defendant into the community before trial.

Probation - A sentencing alternative to imprisonment.

Probation Officer - Officers of the probation office of a court. Probation officer duties include conducting pre-sentence investigations, preparing pre-sentence reports on convicted defendants, and supervising released defendants.

Pro Se - A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.

Prosecute - To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Public Defender -

Record - A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.

Remand - The act of an appellate court sending a case to a lower court for further proceedings.

Reverse - The act of an appellate court setting aside the decision of a trial court. A reversal is often accompanied by a remand to the lower court for further proceedings.

Sentence - The punishment ordered by a court for a defendant convicted of a crime.

Sentencing Guidelines - A guideline established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant.

Sequester - To separate. Sometimes juries are sequestered from outside influences during their deliberations.

Statute - A law passed by a legislature.

Subpoena - A command, issued under authority of a court or other authorized government entity, to a witness to appear and give testimony.

Subpoena Duces Tecum - A command to a witness to appear and produce documents.

Temporary Restraining Order - Prohibits a person from taking an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Sometimes referred to as a "T.R.O."

Testimony - Evidence presented orally by witnesses during trials or before grand juries.

Three Strike Crimes - The "Three Strike Law" in California can mean a third offense, even a misdemeanor, can send you to prison for a minimum of 25 years. If you have two "strikes" against you, it is possible to spend the rest of your life in prison if convicted of a third offense, even if it is simply petty theft. This law can be broken down as follows:

If you have previously been convicted for committing 2 serious felonies (strikes); and if you are convicted for committing a third offense (felony); you may be sentenced to serve a minimum of 25 years to life in prison. A strike may include those convictions committed prior to enactment of the "Three Strike Law," any conviction from other states, all federal convictions and even convictions committed as a juvenile.

Some examples of strikes are as follows:

• arson
• murder
• rape
• kidnapping
• assault with a deadly weapon
• home invasion
• drug trafficking
• armed robbery
• bank robbery
• any attempted felony that would carry a life sentence in prison

For a complete list, please refer to the California penal code, sections 1192.7. (c) and 667.5. (c).

In addition, certain felonies committed by juveniles over the age of 16 are also considered strikes. These felonies are essentially the same as listed above. For a complete description of juvenile strikes, please refer to the California Welfare and Institutions code, section 707 (b).

The "Three Strike Law" demands that anyone facing a third "strike" employ a criminal defense attorney for his or her defense. Any "strike," past or present; can be successfully argued by an aggressive and knowledgeable defense lawyer. No matter how minor the crime may be, the court has the right to determine it is a felony and, therefore, a third "strike." With the right criminal trial attorney, you can avoid a 25 year to life sentence.

A good California criminal defense attorney may be your only defense against the "Three Strike Law" and spending the rest of your life in jail. Each "strike" must be challenged and argued in court. The current charge must be vigorously defended to prevent a third "strike" conviction. Contact www.criminaldefenseteamusa.com

Transcript - A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition.

U.S. Attorney - A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government's attorneys in individual cases.

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.

Voir Dire - The process by which judges and lawyers select a trial jury from among those eligible to serve, by questioning them to make certain that they would fairly decide the case. "Voir dire" is a phrase meaning "to speak the truth."

Warrant - A written order authorizing official action by law enforcement officials, usually directing them to arrest the individual named in the warrant. A search warrant orders that a specific location be searched for items, which if found, can be used in court as evidence.

Witness - A person called upon by either side in a lawsuit to give testimony before the court or jury.

Writ - A formal written command or order, issued by the court, requiring the performance of a specific act.

Criminal Defense Team has handled many criminal cases in almost all major Southern California state courts and has received impressive results. Our attorneys have litigated major crimes such as manufacture and distribution of narcotics, transportation of cocaine, sex crimes, robbery, and other criminal cases in courts of Orange County , San Bernardino, Riverside County,  San Diego County, and Los Angeles County. Call us for a free consultation today.

 Criminal Defense team can represent you or a loved one in:

Our Los Angeles County Juvenile and Criminal Attorneys and Lawyers can handle all Los Angeles County Juvenile Law delinquency criminal cases in the following cities:
Agoura Hills, Alhambra, Angeles Vista, Artesia, Azusa, Baldwin Park, Bellflower, Beverly Hills, Big Pines, Boyle Heights, Burbank, Carson, Cerritos, Chatsworth, CIty Terrace, Claremont, Commerce, Compton, Covina, Culver City, Downtown LA, Downey, Eagle Rock, El Monte, El Segundo, Flintridge, Foothill Division, Gardena, Glendale, Glendora, Granada Hills, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, HIghland Park, Highway Highlands, Hollywood, Industry, Inglewood, Irwindale, Korea Town, La Canada, La Cresenta, La Habra Heights, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lenox, Little Rock, Little Tokyo, Lomita, Long Beach, Los Padrinos, Los Angeles, Los Feliz, Los Nietos, Lynwood, Manhattan Beach, Marina Del Rey, Monterey Park, Montrose, Northridge, Norwalk, Palmdale, Palos Verdes Estates, Paramount, Pearl Blossom, Pico Rivera, Pomona, Rancho Palos Verdes, Redondo Beach, Reseda, Rolling Hills Estates, San Fernando, San Gabriel, San Pedro, Santa Clarita, Santa Fe Springs, Santa Monica, Signal Hills, Sylmar, Temple City, Three Points, Torrance, Valinda, Van Nuys, Ventura County, Verdugo City, Viewpark, Walnut, West Covina, West Hollywood, Westlake Village, Whittier, Wilmington

Our Orange County Juvenile Lawyers and Attorneys can help defend yourrights in Orange County,we handle Juvenile criminal matters in the following Orange County cities:
Aliso Viejo, Anaheim, Balboa Island, Brea, Buena Park, Capistrano Beach, Corona Del Mar, Costa Mesa, Coto de Caza, Cowan Heights, Cypress, Dana Point, El Modena, El Toro, El Toro Marine Base, Foothill Ranch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Leisure World, Lemon Heights, Los Alamitos, Mission Viejo, Modjeska Canyon, Newport Beach, Orange, Orange Park Acres, Placentia, Rancho San Margarita, Rossmoor, San Clemente, Santa Ana, Seal Beach, Silverado Canyon, Stanton, Sunset Beach, Surfside, Tustin, Villa Park, Westminster, Yorba Linda

Our Riverside County Juvenile Lawyers and Attorneys handle Riverside Juvenile Law and criminal cases in the following cities:
Aguanga, Anza, Arlington, Calimesa, Casa Blanca, Cherry Valley, Corona, Corona Hills, Edgemont, El Cerrito, Gilman, Glen Avon, Glenn Valley, Hemet, High Grove, Home Gardens, Homeland, Hot Springs, Idyll, La Sierra, Lake View, Mead Valley, Meadow Brook, Mira Loma, Moreno, Mt. Lanter, Murrieta, Norco, Nuevo, Pedley, Perris, Quail Valley, Riverside, Rodea, Romoland, Sage, San Jacinto, Santa Ana Canyon, Soboba, Sun City, Temecula, Temescal Canyon, Vail Lake, Valle Vista, Wildomar Lake, Winchester

 San Bernardino County Juvenile and criminal Attorneys & Lawyers
Adelanto, Angles Oaks, Apple Valley, Bloomington, Chino, Chino Hills, Colton, El Mirage, Etiwanda, Forest Falls, Grand Terrace, Helendale, Hesperia, Highland, Loma Linda, Lucerne Valley, Mentone, Montclair, Ontario, Oro Grande, Phelan, Pinon Hills, Rancho Cucamonga, Redlands, Rialto, San Bernardino City, Victorville, Wrightwood, Yucaipa

 San Diego County Juvenile and criminal Attorneys and Lawyers
Aalomar Mountain, Alpine, Bonita, Bonsall, Borrego Springs, Bostonia, Boulevard, Camp Pendleton, Campo, Cardiff, Cardiff by the Sea, Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, Rancho Bernardo, San Diego, San Marcos, Santee, Solana Beach, Vista, Crest, Descanso, Dulzura, Fallbrook, Guatay, Jacumba, Jamul, Julian, La Jolla, Lake San Marcos, Lakeside, Leucadia, Lincoln Acres, Mount Laguna, Nestor, Ocean Beach, Olivenhain, Pacific Beach, Pala, Pauma Valley, Pine Valley, Potrero, Rainbow, Ramona, Ranchita, Rancho Santa Fe, San Luis Rey, San Ysidro, Santa Ysabel, Spring Valley, Tecate, Valley Center, Warner Springs

Ventura County, Norwalk.

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