Glossary of Legal Terms
Glossary of Legal Terms
Acquittal: This is when the Judge, the person who sits at the front of the room and decides if you broke a rule, decides that you did not break the rule. Sometimes the Judge makes that decision on their own without listening to your story, because your helper (Lawyer) asks him to do that and the Judge agrees that you did not break the rule. Sometimes he makes the decision after listening to your helper (Lawyer) who says you did not break the rule, and the other side’s helper (the assistant State Attorney) who says what they think happened and what rule they think your broke. Sometimes, the Judge also has helpers to help him decide if you broke the rule; they are called a jury and they sit at her or his side. In the end, the Judge or the jury gets to make the final decision and everyone has to listen to the decision and to what she or he says.
Accomplice– An accomplice is someone who helps another person break a rule or do something they know is wrong. Someone can call you an accomplice when you knew that another person was doing something bad or breaking a rule (Law) and you helped that person to do that anyway, even though you could have walked away or left and not helped him or her.
Adjudicated – Someone will call you adjudicated when a Judge or people who work for the government decide they want to protect you and look after you and help you make decisions that might be hard for you to make on your own. Sometimes, they will even give you a special person who has the job of looking after you and helping you called a Guardian.
Adult – An adult is someone who can make decisions for themselves and does not need to ask permission from other people to do things. In Louisiana, the part of the country where we live, you can be an adult when you have had 18 birthdays. Even though adults can make decisions for themselves, sometimes they still may want or need helpers to make important decisions with them, and that is fine.
Affidavit – This is a piece of paper that someone writes for the Judge, the person in the front of the courtroom, to tell him what they heard or saw or what they think happened on a certain day. The person who writes that paper promises to the Judge that what the person wrote is true and that they did not lie.
Allegation– This is a piece of paper that the assistant State Attorney (the person who takes the side that you did something wrong) has to write and give to the Judge (the person who decides if you broke a rule). The paper has a list of all the ways that the story you tell about what happened is different from the story that the assistant State Attorney is going to tell the Judge; the paper also tells us the people (Witnesses) and things (Evidence) that assistant State Attorney will bring to the Judge make him think that her story is true and that you did break a rule.
Appeal – After a Judge, the person sitting in the front of the room, decides that you did break a rule or Law, your helper Defense Attorney, the person who says that you did not do anything wrong, may want to tell your story to another Judge, to see if that other Judge takes your side and says that you did not break the rule. An appeal is a second chance for you to tell your story about what happened to a new Judge who can make a different decision about whether you broke a rule.
Appearance Bond – This is a piece of paper that you sign and say “yes” to that lets you go home if you promise to come back when the Judge tells you to come back to see them later. You may have to pay money or promise to do something to get this piece of paper that lets you leave jail; you also have to promise to come back when you are told.
Arraignment – This is a day when you go to see the Judge and the Judge tells you all the rules that someone says you broke, all of the help you can ask for to tell your side of the story and all the ways you can tell or not tell your side of the story. At the end the Judge asks you to tell whether or not you think you broke the rules the Judge told you about.
Arrest – This is when a police officer talks to you for a very long time. The police officer may take you to jail because he believes you didn’t follow a Law/rule.
Arrest Warrant – This is a piece of paper that a Judge gives to a police officer. The paper tells the police officer to find you and to bring you to see the Judge.
Attorney (Lawyer) – A person who went to school to learn about Law and rules.
Bail – This is when a Judge, the person sitting in the front of the courtroom, lets you to leave jail to go home if you pay a certain amount of money or you promise to do or not to do certain things between the time the Judge lets you go home from jail and when the Judge tells you that you need to come back to court to see him or her again. Bail is also sometimes called a bond. If you do not come back to see the Judge when he or she tells you to come back, you may not have your money back, and the Court will keep the money because you did not keep the promise you made.
Bench Trial- This is when a Judge, the person who sits at the desk in the front of the courtroom, decides if you broke a rule or Law, by his or herself, without any helpers called a jury. The Judge will decide if you broke a rule or Law and, if you did break a rule or Law, how you should be punished.
Bench Warrant– This is a piece of paper that the Judge writes and signs that tells a policeman to go a find you after you have been allowed to leave jail but broken your promise to go back to Court to see Judge on the day the Judge told you.
Booking –If a police officer talks with you and decides you might have broken a rule or Law, the police officer may take you to his office and ask you more questions about you and what you did. He will also write a report on paper for the Judge telling where he talked with you, what rule or Law he thinks you have broken, the reasons he thinks or believes you might have broken that rule or Law. During this time, the policeman may also take your picture and put ink on your fingers and ask you to press them on a piece of paper to make a picture (this is called fingerprinting). This is to help the policeman understand who you are and to give the Judge as much information about you as possible.
Bond – When someone says that you have broken a rule or Law and a policeman takes you to jail, a place that you are not allowed to leave. A Judge, the person sitting in the front of the courtroom, may allow you to leave and go home if you pay some money (this is called a “surety bond” because the Judge is making sure you will come back) or if another Adult that is in charge of helping you or making decisions for you tells the Judge that they will make sure that you come back to Court to see the Judge again on a day that the Judge tells you to come (this is called a “personal surety bond” because another person is making sure you will come back).
Brief – This is a piece of paper that a Lawyer, someone who has studied Law and rules, gives to the Judge. It tells the Judge what the Lawyer thinks happened in your case, what the Law says about what happened in your case, and how the Judge should decide if you broke a rule or Law, or not, by showing the important things that happened in your story and how your story shows that you did or did not break a rule or Law. Both your helper Lawyer (the Lawyer who is on your side and says that you did not break a rule) and the assistant District Attorney (the Lawyer who takes the side that you did break a rule) will each give their own brief to the Judge to help him or her decide if you did break a rule or Law.
Burden of Proof – The Burden of Proof tells the Judge who has to prove their story is the true story by bringing people and things to Court to help them show their story is the true story. For a Judge to decide that you did break a rule or Law, the assistant District Attorney, the person who takes the side that you did do something wrong, has to tell the Judge a story and bring in people (Witnesses) and things (Evidence), which make the Judge believe that you broke a rule and that you are the only one who could have broken that rule. If you are accused of breaking a rule or Law, the Judge always takes the side that you did not do anything wrong, and it is the job of the assistant District Attorney to make the Judge believe that you did break a rule or Law before the Judge makes the final decision.
Charge – When someone says that you broke a rule or Law, the “charge” is another name for the rule or Law that someone says you broke.
Circumstantial Evidence– When someone says that you broke a rule or Law, the assistant District Attorney, the person who takes the side that you did do something wrong, and your helper attorney, the person who takes the side that you did not break a rule, can bring in people and things to the Judge, the person who sits in the front of the courtroom and decides if you broke a rule. These people are asked to tell the Judge what they saw, heard, or said at the time when someone said you broke a rule; the things or objects, too, help the Judge to make a decision about what happened. The people and objects do not prove that you actually broke a rule or Law, they only prove or make it seem more or less likely that the story that the assistant District Attorney tells is the true story and that you did break a rule or Law.
Citation– Citation can mean a few different things. First, when the Lawyer tells your story to a Judge and explains whether or not you broke a rule, they can tell the Judge a similar story about another person who was accused of breaking the same rule or Law and how another Judge made a decision in that other story. This helps your Judge make a better decision about whether or not you broke a rule or Law. Second, a citation can be a piece of paper that a Judge or a policeman gives you, which tells you to come to Court to see the Judge on a certain day. If you get this piece of paper, you have to go to Court to see a Judge when you are told to come. You do not have a choice unless the piece of paper says you can pay money instead of going to see the Judge, or you call or write the Judge, and the Judge tells you that you do not have to come see him or her in Court. If you get a piece of paper called a “ticket” or “citation” you might want to have an Adult you trust or someone that helps you make decisions help you read the piece of paper and decide what you should do. Citations can be hard to understand by yourself, but they are very important.
Clerk– This is the person that sits to the side of or in front of the Judge in the courtroom and writes down everything that happens in the courtroom, decides how the Judge will spend their time each day, and makes everyone who speaks in the courtroom, including you, promise to tell the truth and not to tell any lies.
Commitment – This is when a Judge, the person sitting in the front of the courtroom, or someone who works for the government decides that you should not live at home or be allowed to go outside by yourself. Sometimes this is to punish you for breaking a rule or Law, but sometimes this is also done to protect you and to have you live in a place where doctors or other people who want to help you can have you close and know where you are for your own safety and health.
Competent – In general, being competent means that you are able to do something and to understand and explain exactly what you are doing and why you are doing it to someone else. In order to break a rule or Law, you have to be competent. Being competent does not mean necessarily that you knew that what you were doing was wrong or that you knew you were breaking a rule or Law when someone says you did. Being competent only means that you know that you are doing something and that you decide or have your reasons for doing it. It also means that now you understand the fact that someone is saying you broke a rule or Law and why someone is saying that, even if you think they are wrong. Being competent does not mean that you feel that you did something wrong or agree that you broke a rule or Law.
Complaint – This is a piece of paper that someone writes and gives to a Judge, the person who sits in the front of the courtroom, which asks the Judge to take their side and decide that someone else has broken a rule or Law, or that that a person has done something wrong.
Conviction – This is when a Judge, the person who sits in the front of the courtroom, decides that you have done something wrong by breaking a rule or Law.
Count – Sometimes, by doing one wrong actions, you can break more than one rule or Law. A count is one of maybe several rules or laws that someone says you have broken by saying that you have done something wrong. The entire list of rules or laws that someone says you have broken is called an Indictment.
Court – This is a special room of a government building where judges work and decide whether someone has broken a rule or Law.
Court Order – This is a piece of paper that judges write and give to someone, which tells him or her to do or not to do something.
Court Trial – This when the Judge, the person sitting in the front of the courtroom, decides that you have or have not broken a rule or Law, without any help from other people called a Jury. Sometimes this is called a “bench trial” as well.
Court Representative – This is a person who works for a Judge and who talks with a Judge. This person gives the Judge special advice to help decide whether you have or have not broken a rule or Law. The person may talk with you about your life and may also talk with your friends or family and ask for information that you would not usually give to someone whom you do not know. These persons can ask for this information because they work for the Judge.
Crime – Something a person does that breaks a rule or Law.
Criminal – A person who breaks a rule or Law.
Culpability – This is when a Judge, the person sitting in front of the courtroom, takes the side that you have broken a rule or Law, but also decides that what you have done was more or less wrong or bad than breaking that rule or Law normally is. This may be because you did not understand that what you were doing would break a rule or Law when you did it.
Custody – When someone says that you have broken a rule or Law, a policeman may decide that you should not live at home until a Judge, the person who sits in the front of a courtroom and decides if you have done something wrong, says that it is all right for you to live at home again. The policeman may take you to another place for you to live for a while to make sure that you are safe and that you will come to the courtroom to see the Judge when you are asked. “Custody” can also be when a Judge decides that you should not live at home but should live in another place as a punishment for breaking a rule or Law.
Decision– This is when a Judge, the person sitting in the front of the courtroom, decides that you have or have not broken a rule or Law.
Defendant – This is the person who someone says has broken a rule or Law.
Deposition – This is when someone, usually a Lawyer who has studied rules and Law, asks you to come to the place where he or she works to ask you questions. The Lawyer asking you questions may videotape or write down your answers.
Detain – This is when a police officer talks with you for a long time and may decide that you should ride in the police car and come to the police station to talk with him or her more. This can also be when a police officer or Judge, the person sitting in the front of the courtroom, decides that you should not get to go home, but should stay in another place until they decide whether you have broken a rule or Law.
Diminished Capacity – This is when a Judge, the person sitting in the front of the courtroom, decides that, even though you broke a rule or Law, you did not understand completely or know that you were breaking a rule or Law. This helps the Judge decide how he or she should punish you for breaking a rule or Law.
Dismiss – This is when a Judge, the person sitting in the front of the courtroom, takes the side that someone did not break a rule or Law.
Disposition – This is when the Judge, the person sitting in the front of the courtroom, takes the side that either someone did break a rule or Law, or that someone did not break a rule or Law.
Diversion – This is when a Judge, the person sitting in the front of the courtroom, takes the side that you did break a rule or Law, but decides that you should not go to live in jail. Because the Judge is allowing you to go back home, he or she will also ask you to do certain things such as talk to people who work for the government, who will help you not to break a rule or Law again. The Judge may also ask you to show that you are sorry for breaking a rule or Law by paying money to or helping to make better the people who were hurt when you broke a rule or Law. Finally, a Judge may ask you to work with people in your community on special projects to show that you are sorry for breaking a rule or Law.
Due Process -These are special rules that make sure that you are treated fairly and with respect when someone says that you broke a rule or Law and that you understand what is happening to you at all times when you are asked to talk with a police officer or a Judge, the person who sits at the front of the courtroom. These rules also make sure that you receive the opportunity to tell your side of the story, and that you are allowed not to say anything at all when you think that telling your side of the story might make people think that you have broken a rule or Law, except when you talk with your Lawyer, who has studied Law and is there to be your special helper. It is important to ask for help and to explain that you do not understand so that you can receive all the help that you deserve.
Due Process Hearing – This is when a Judge, the person who sits in the front of the courtroom, or another person who works for the government, takes the side that someone has broken a rule or Law, or that someone has not been treated in the way that the Law says that he or she must be treated.
Exonerate– This is when the Judge, the person who sits in the front of the courtroom, decides that you have not done anything wrong and that you have not broken a rule or Law.
Expert Witness – This is a person who is interested in and has studied a certain topic for a long time. In fact, that person has spent so much time studying about a certain subject that he or she knows more about that subject than most other people; that is why that person is called an “expert.” Sometimes, these experts are made to come to the courtroom to be a “witness,” or a special helper that explains and helps the Judge, the person sitting in the front of the room, to understand something that may be confusing or difficult without special advice.
Fact – Facts are events or things that happen in the story your special helper, your Lawyer, and assistant District Attorney, the person who takes the side that you have done wrong, tell to the Judge, the person sitting in the front of the courtroom who hears both stories. The things that happen in the story your Lawyer tells may not be the same things that happen in the story the assistant district attorney tells. In the end, the Judge decides which story and events he believes actually happened and based on that the Judge will decide if you have broken a rule or Law.
Felon – This is a person who has broken a rule or Law that everyone in our community has decided is very serious and wrong, called a felony, because it hurts others and the community more than breaking other, less hurtful rules or laws.
Felony – This is a rule or Law that is considered special, because breaking this rule hurts others very much and it causes bad or dangerous consequences in the community in which we live.
Fine– This is money that you have to pay because you broke a rule or Law.
Fraud – This is when someone hurts another by telling them a lie or playing a trick on them.
Gag Order – This is when the Judge, the person sitting in the front of the courtroom, decides that everything that happens in the courtroom, including the stories being told, should be a secret. The Judge orders everyone not to tell anyone else what happens in the courtroom when they leave until the Judge has decided whether or not you have broken a rule or Law.
Good Cause – This is when the Judge, the person sitting in the front of the courtroom, has a good reason or idea for his or her decision to take a side, to do something, or to believe or not to believe what someone is telling him or her.
Grand Jury – This is a group of special helpers that is brought together by the assistant District Attorney. The assistant District Attorney uses these helpers to decide whether he or she should take the side that you have done something wrong by breaking a rule or Law, and ask a Judge, the person who sits in the front of the courtroom, to decide that you have done something wrong and to punish you.
Guardian Ad Litem – This is a special helper that a Judge, the person sitting in the front of the Court, gives to you. This person has the job of helping you understand what is happening or being said to you or around you, and how you can participate in or act in response to these things in the best way possible. This helper also makes sure and can take action to make sure that you are treated fairly. When a Judge gives you this type of special helper, you can depend on that helper, because he or she has the responsibility to protect you and to help you do what is best for you.
Guilty – This is then the Judge, the person sitting in the front of the courtroom, takes the side that you have broken a rule or Law.
Guilty Plea – This is when you tell the Judge, the person sitting in the front of the courtroom, that the truth is that you broke the rule or Law that someone said you broke. You will decide with the help of you special helper, your Lawyer who has studied Law and rules, whether you can tell the Judge honestly that you broke a rule or Law, and how you should tell the Judge.
Guilty Verdict – This is when a Judge, the person sitting in the front of the courtroom, or a jury, a group of people who help the Judge and sit by him in the front of the courtroom, decide that you have broken a rule or Law.
Hearing – This is when a Judge, the person who sits in the front of the courtroom, takes a side about or answers a question that needs to be answered so that the trial, the way a Judge listens to your story and decides if you have broken a rule or Law, can continue.
Incarcerate – This is when a Judge decides that, as punishment for breaking a rule or Law, you should not live at home but should be sent to live in a prison, a place from which you cannot leave and where other people who have broken a rule or Law also live.
Incompetent- This is when a person has problems in his or her mind or body that make it very difficult or impossible for that person to understand what he or she is doing, what is being done to him or her, and the consequences of their actions. A person who is incompetent often needs special help to make decisions because he or she cannot make them alone.
Indictment – This is when a group of individuals from the community are brought to the courtroom to be special helpers, called a “grand jury,” and take the side that someone has broken a serious rule or Law. They tell an assistant District Attorney, or a special helper of the government who has studied rules and Law, that they believe a person has done something seriously wrong by breaking an important rule or Law and that the person should be punished.
Indigent – This is when a person is too poor or does not have enough money to pay for a special helper, a Lawyer who has studied rules and Law, to help them when that person makes decisions or go to the courtroom to see the Judge. When you do not have enough money to pay for a Lawyer, the Judge will give you a Lawyer to help you, without you having to pay. That Lawyer makes sure that you are treated fairly and have a chance to tell your side of the story.
Informed Consent – This is when you say “yes” and agree to do something that someone else asks you to do. When you agree, or say “yes,” you understand the consequences and you also understand exactly and completely what could happen or what you might be asked to do once you agree.
Infraction – This is a special type of rule or Law. If you break this type of rule or Law, the punishment is only that you have to pay a certain amount of money or make up for breaking it in another way. You cannot be put in jail or prison for breaking this rule or Law.
Initial Appearance – After a police officer has talked with you for a long time and decided that you may have broken a rule or Law, you have to go and see a Judge, the person who sits at the front of the courtroom. The Judge will tell you which rule or Law the police officer thinks you may have broken, and why the police officer thinks you have broken that rule or Law. The Judge will also tell you that you can ask to have a special helper who has studied rules and laws, called a Lawyer, come with you to the courtroom; the Lawyer will take your side and help you understand what is happening. The Judge will also tell you that you do not have to say anything when you are in the courtroom or outside talking with a police officer, and that you should speak with your special helper, your Lawyer, before speaking to the Judge or police officer to make sure you do the best job possible when telling your side of the story. The Judge may also do a “preliminary evaluation,” a special investigation to decide whether someone actually broke a rule of Law and whether it could have been you who broke that rule or Law. The Judge also decides whether you should be allowed to go home, either with or without paying any money called “bail,” or whether it would be better for you to stay in jail for a while, a place in which you have to live, which is not your home and where you are watched by guards.
Inmate – This is a person whom a Judge, the person who sits in the front of the courtroom, decides should not be allowed to live at home, but rather should have to stay in another place called, “prison” or “jail.” Prisons and jails are places where people live as punishment for breaking a rule or Law. People cannot leave these places until their punishment is over. Instead of family, friends, or caretakers, prisons and jails have special police officers called guards who watch over you.
Involuntary Commitment and Board Ordered Care – Sometimes, when you are sick or need special help from a doctor, it is hard for you to realize that you need special help or that you need to go see a doctor to get better. Because it is sometimes difficult to know when we are sick and need help, there are special rules and laws that allow other people to decide this for you. Sometimes, even though you do not want to go to the hospital or see a doctor, it is the best thing for you. In this circumstance, a Judge, the person sitting in the front of the courtroom, a police officer, or someone who cares for you can make you go to the hospital to get better, even though you may not want to go.
Jail– This is a place that is not your home in which a Judge, the person who sits in the front of the courtroom, or police officer may decide you should live. Sometimes, this is punishment for having broken a rule or Law; other times, you are made to live in jail so that you are safe and so the Judge and police officer knows where you are at all times to care for you.
Judge– This is the person who sits in the front of the courtroom and makes the final decision on whether or not you have broken a rule or Law. He or she also decides what the punishment will be when you have broken a rule or Law.
Judicial Proceedings – This is when you have to go inside the courtroom to see the Judge, the person who sits at the front of the room, so that he or she can decide whether or not you have broken a rule or Law.
Jurisdiction – This is a special responsibility and power that a Judge, the person who sits in the front of the courtroom, has to decide questions about rules or laws and whether you have broken them. It is part of his or her job.
Jury – This is a group of special helpers from your community who sometimes sit next to the Judge in the front of the courtroom and help him or her decide if you have broken a rule or Law.
Jury Trial – This is when, instead of a Judge (the person who sits in the front of the courtroom) deciding whether you have broken a rule or Law by his or herself, a group of people from your community come to the courtroom and help the Judge make the final decision on whether you have broken a rule or Law.
Law– These are special rules that protect members of a community and ensure that everyone is treated fairly. These rules also tell us how people who break them should be punished.
Liable– This is when a Judge, the person sitting in the front of the courtroom, decides that you are responsible for something you have done and that what you have done has broken a rule or Law, for which you must be punished.
Litigation – This is when a person, who has a disagreement and thinks that another person has broken a rule or Law and done something wrong, goes to see a Judge in his or her courtroom to have him or her end the disagreement and decide if the other person broke a rule or Law.
Magistrate – This is a person who is either: a Judge, the person who sits in the front of the courtroom, or a person who has all the responsibilities of a Judge, and who also sits in the front of the courtroom and decides whether you have broken a rule or Law.
Miranda Rights – When a police officer talks with you for a long time, the police office must also tell you about special protections you have that are meant to help you and make sure you are treated fairly when you are accused of breaking a rule or Law. Specifically, you can choose not to talk with a police officer or anyone else until you have a special helper with you called a Lawyer, who has studied rules and laws for many years and can help you tell your side of the story. Also, you must remember that a police officer has the job of making sure that you and others are safe; he or she may take the side that you have broken a rule or Law and may tell a Judge, the person sitting in the front of the courtroom, whatever you have told them because it is not a secret. For that reason, you do not have to speak with a police officer. You can choose to speak with him or her, but nothing you tell the police officer is a secret. At all times, you can ask for a special helper called a Lawyer, who has studied Law and rules for many years and will take your side. The help of a Lawyer usually costs money, but even if you cannot pay, you can ask for a Lawyer and a Judge will make sure you have this special helper.
Misdemeanor – This is a special kind of rule or Law that the community has decided is less serious or wrong than others. The punishment for breaking a rule or Law called a “misdemeanor” is, at most, having to pay a certain amount of money, or having to live away from home in jail for less than one year.
Motion – This is a special way of asking a question to a Judge, the person sitting in the front of the courtroom, which you, or your special helper, your Lawyer, write down and give to him or her. A motion asks the Judge to take your side of a disagreement or to answer a question.
Motions Hearing –This is when you, or your special helper, your Lawyer, write down a question or ask the Judge, the person sitting in the front of the courtroom, to take your side of a disagreement. The Judge may ask you to talk with him or her and explain what you have written down and given to him or her, so that the Judge can make a better decision. This is called a “hearing” because the Judge hears you and listens to your request.
Not Guilty Plea – This is when you tell the Judge, the person sitting in the front of the courtroom, that you have not broken a rule or Law.
Notice- This is a piece of mail you receive or some other piece of paper you receive that asks you to come and see a Judge in his or her courtroom because someone has said that you have broken a rule or Law.
Oath – This is a special promise you make to a Judge, the person sitting in the front of the courtroom. You make this promise, which you cannot break, to tell the truth, without leaving anything out and without saying anything that is not true. You may have to raise your right hand in the air when you make this promise to show that you are serious.
Objection – This is when a Lawyer, a person who has studied rules and laws, tells the Judge, the person sitting in the front of the courtroom, that he or she believes that something that was said is incorrect or not true, or that the rules that everyone must follow in the courtroom are not being respected.
Order – This is a piece of paper that a Judge, the person sitting in the front of the courtroom, writes, which answers a question or request by a Lawyer, a person who has studied Law and rules. The question or request from the Lawyer is called a motion. In this piece of paper, the Judge tells someone that they have to do something, or it explains and answers a question the Lawyer has asked.
Parole – This is when a Judge, the person sitting in the front of the courtroom, allows someone being punished in a place called a “prison” to leave and go home before their punishment has ended. Usually, the person has to make certain promises to the Judge, has to have good behavior, and has to make sure not to break anymore rules or laws for a certain period of time, or else the person will have to return to and live in prison and finish their punishment there.
Parolee – This is a person who has broken a rule or Law and has been made to live in prison and not at their home as punishment. Sometimes, a Judge, the person sitting in the front of the courtroom, decides that the person can go early, before their punishment is over. This person is called a “parolee” or someone who has been given, “parole.”
Perjury – This is when someone tells a lie when he or she has made a promise not to lie.
Plea – When someone says that you have broken a rule or Law, you have an opportunity to tell the Judge, the person who sits at the front of the courtroom, that: yes, you are guilty and you did break the rule; no, you are not guilty and you did not break the rule; or that you do not want to tell the Judge whether you broke the rule or not, but agree to let the Judge decide if you should be punished. Your special helper, your Lawyer who has studied rules and Law, will help you to decide what you should tell the Judge.
Plea Bargain –This is when your special helper, your Lawyer, and the Prosecutor, who takes the side that you have broken a rule or Law, write a piece of paper together saying that they agree that you broke a rule or Law, and decide how you should be punished. They take this piece of paper to the Judge and ask him or her to sign it and agree with it. They do this so that you know and can help decide how you will be punished and so that you do not have to wait and tell your story in the courtroom in front of the Judge and let him or her decide your punishment.
Preliminary Hearing – During this meeting in the courtroom, the Judge, the person sitting in the front of the courtroom, decides whether it is possible that you broke a rule or Law, but does not decide whether you really broke that rule or Law. When the Prosecutor takes the side that you have broken a rule or Law, he or she must tell his or her side of the story to a Judge. This is called a “preliminary hearing” because the Judge hears for the first time the story from the Prosecutor, who says that you have hurt your community by breaking a rule or Law. If the Judge decides that the Prosecutor’s side of the story is probably true, the Prosecutor will ask the Judge to punish you. Whether you actually broke the rule or Law and whether or not you should be punished is not decided during this time.
Pre-trial Conference– This is when a Judge, the person who sits at the front of the courtroom, has a meeting with the Prosecutor and your special helper, your Lawyer, to see if they can agree to a deal or make a compromise before you have to go see the Judge in the courtroom.
Prison- This is a place where people have to live as punishment for breaking a rule or Law. Usually, people are sent to prison when they have broken a serious rule or Law called a felony and have to live there, away from their homes, for more than two years.
Probable Cause – This is when a police officer or a Prosecutor thinks that it is possible that you have broken a rule or Law and decides that he or she needs to take you to live in jail or take a look inside your home, or your clothes, or anything else that you have. The police officer does this to make sure that you and your community are safe, and to understand better whether you have or have not broken a rule or Law.
Probation – This is when a Judge, the person sitting in the front of the courtroom, takes the side that a person has broken a rule or Law, but also decides that the person should be allowed to live at home, not in prison, if he or she promises not to break anymore rules or laws and to have good behavior. The Judge also gives this person a special helper, called a “probation officer,” to make sure that they do not misbehave or break any rules or laws again.
Prosecutor – This is a person who takes the side that you have done something wrong and broken a rule or Law. He or she speaks for the community and is concerned with the interest of the entire community in making sure than no one breaks rules or laws and that people are treated fairly.
Protective Custody – This is when a Judge, the person sitting in the front of the courtroom, decides that it would be safer and better for you to live away from your home for a while. The Judge does this to keep your from hurting yourself, from hurting other people, or from being hurt by others.
Public Defender – This is a type of Lawyer, a special helper who has studied rules and laws, whom a Judge, the person sitting in the front of the courtroom, gives to someone who has been blamed for breaking a rule or Law. Usually, people who are blamed for breaking a rule or Law have to pay for this special helper. However, when they do not have enough money to pay, a Judge will give a Lawyer to them, to make sure that they are treated fairly.
Questioning – This is when a police officer or another person asks you questions for a long time about a certain day or something that happened to you, so that they can understand better what the truth is.
Reasonable Doubt – Sometimes, it is difficult for a Judge, the person sitting in the front of the courtroom, or a jury, a group of helpers who sit by the Judge, to understand exactly what happened when you are accused of breaking a rule or Law. The Prosecutor will tell their side of the story and your special helper, your Lawyer, will tell your side of the story. If the Judge or jury decide that it is possible that your story is true and that the story the Prosecutor is not true, this is called reasonable doubt, and the Judge and jury must take the side that you have not broken a rule or Law.
Release on One’s Own Recognizance – This is when a Judge, the person sitting in the front of the courtroom, says that you can leave jail and go back to your home, because of your past good behavior. You are allowed to leave without having to pay any money, and even though you may have broken a rule or Law. If the Judge allows you to go home, you have to promise to come back and see the Judge when he or she asks you to do so.
Restitution – If you break a rule or Law, you may have to pay money or do something to help the person you hurt when you broke the rule or Law. These acts or money are called “restitution.” The Judge, the person who sits in the front of the courtroom, will tell you when this is part of your punishment for breaking a rule or Law.
Restraining Order– This is a rule a Judge makes, which says that you cannot call, write to, go to visit, or have any type of contact with another person. This is because that other person does not feel safe when they are around you or when you speak with them.
Right to Remain Silent – This is a special protection or privilege you have that means that you do not have to talk with a police officer or anyone else who takes the side that you have broken a rule or Law.
Ruling – This is when a Judge, the person sitting in the front of the courtroom, takes the side that someone has or has not broken a rule or Law, or when he or she answers a question or makes a decision when two sides cannot agree.
Search Warrant – This is a piece of paper that a Judge, the person sitting in the front of the courtroom, gives to police officers, which gives them permission to go into a home or other private places to search for something that they think will help the Judge decide whether you have or have not broken a rule or Law.
Self-Incrimination – This is when you say something or do something that shows an assistant district attorney, a police officer, or another person who takes the side that you have broken a rule or Law, that you really did break that rule or Law. You do not have to do or say anything when someone takes the side that you have broken a rule or Law, and it might be better for you to ask someone you trust whether you should do or say something that shows that you did break a rule or Law.
Sentence – This is the punishment that a Judge, the person sitting in the front of the courtroom, gives to someone who has broken a rule or Law.
Sentence Hearing – After a Judge, the person sitting in the front of the courtroom, decides that you have broken a rule or Law, the Judge makes a separate decision about how you should be punished during a “sentencing hearing” a special meeting about punishment. During this time, the Judge, allows other people to make recommendations about what your punishment should be, based on your good behavior in the past, and allows you to speak about what you think your punishment should be.
State’s Attorney – This is a person whom the community chooses and who takes the side that a person has broken a rule or Law and to make sure that people are punished for breaking rules and laws. This person is on the other side of the courtroom when you go to see the Judge.
Statute of Limitations – This is a length of time that a person, who has been hurt by the actions of another person, has to tell a Lawyer, a police officer, or a Judge that they believe that the person who hurt him or her broke a rule or Law. After that length of time, he or she cannot tell their side of the story or ask that another person be punished for hurting them.
Subpoena – This is a piece of paper that a Judge writes that orders a person to come see him or her in Court or to bring him or her documents, in order to help the Judge decide whether or not someone has broken a rule or Law.
Summons – This is a piece of paper that a Judge writes which orders you to come to Court to see him or her when someone says that you have broken a rule or Law.
Supervised Release – This is when a Judge takes the side that you have broken a rule or Law, but allows you to live at home instead of having to go to live in prison. Even though you are allowed to live in your home, the Judge will give you a set of special rules that you will have to follow if you want to live at home. The Judge will also give you a special helper called a “probation officer” with whom you will have to speak regularly and who is responsible for making sure that you follow the rules that the Judge has given to you.
Suspended Sentence – This is when a Judge, the person who sits at the front of the courtroom, decides that although you have broken a rule or Law and should be punished by having to go live in jail or prison, you should spend less time in jail or prison and be allowed to go home if you have good behavior.
“Taking the Fifth”- This is an expression that means that you do not have to say anything to a Judge, a police officer, or the attorney who take the side that you have broken a rule or Law. This is a protection, or privilege, that you have at all times. It does not mean that you cannot tell your special helper, the Lawyer who takes the side that you have not broken a rule or Law, the truth or your side of the story.
Testimony/ Testify– Sometimes, a Judge will want to hear other people speak and tell their side of the story to decide if you have or have not broken a rule or Law. The information that another person gives a Judge to help him or her decide if you have broken a rule or Law is called “testimony” and “testify” means when a person comes to Court and tells information to the Judge that shows that you have or have not broken a rule or Law.
Theft – This is when you take something that does not belong to you without the permission of the person to whom it does belong, called its “owner,” and you try to keep it without asking its owner if you can keep it.
Time Served – This is an amount of time that is taken away from your punishment to live in jail or prison, because you have already spent that amount of time in jail, when you were waiting for a Judge to decide whether you had broken a rule or Law.
Trial – A “trial” is the way in which a Judge decides if you have or have not broken a rule or Law. Usually, this will mean that you will have to go to see the Judge in their courtroom with your special helper, your Lawyer. Your Lawyer asks the Judge to take your side and decide that you have not broken a rule or Law. On the other side, the assistant district attorney or the state attorney, asks the Judge to take his or her side and decide that you have broken a rule or Law. The “trial” ends when the Judge takes a side and decides if and how you should be punished.
Trial Court – Sometimes, when someone says that you have broken a rule or Law, you will have to go see more than one Judge, each one of whom will decide on their own whether or not you have broken a rule or Law. The “trial Court” is a special name for the first Judge whom you see to decide whether you have broken a rule or Law.
Verdict – This is when a group of special helpers, called a “jury,” take the side that you have or have not broken a rule or Law. The Judge has to agree with his or her helpers, the jury, and their decision in order for you to be punished.
Waive – This is when you decide that you do not want to use or to take advantage of a special protection, or privilege that you have. Because the Law says that you have these special protections, no one can make you give them up, or take them away from you. You can, however, choose not to use them, when you have thought about it and considered your options and when you understand what you are doing. To help make these decisions, you may want to help of a Lawyer, a special helper who has studied the Law and can help you make good decisions.
Warrantless Arrest – This is when a police officer speaks with you for a long time, without asking a Judge for permission first.
Warrant- This is a piece of paper that a Judge writes that gives a police officer, or someone else who protects the community, permission to do something that they would not be allowed to do without this piece of paper.
Witness – This is a person who comes to see the Judge, to tell their side of the story or to tell the Judge information, which helps the Judge decide whether or not you have broken a rule or Law.