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Acquittal: being found not guilty; released or discharged without further prosecution.
Affirmative Defense: a defense which proves some new fact. The defendant is not simply denying the offense but offers new evidence to show lack of responsibility. The defendant has the burden of proving an affirmative defense.
Appeal: to contest the outcome of a case or have a higher court review the decision or outcome. Appellate courts have jurisdiction to review the law applied in a trial court.
Arraignment: an initial step in the criminal process where the defendant is told about the accusation and informed of his or her constitutional rights. Some courts will also ask for a plea during an arraignment but most do not.
Arrest: being placed under restraint or taken into custody, usually by a law enforcement officer, pursuant to a warrant or without a warrant. An arrest triggers an entry into the Texas state criminal database (TCIC) as well as the National criminal database (NCIC).
Arrest Warrant: written order from a magistrate or judge directed to a peace officer ordering him to take the body of the accused into custody.
Bail: the security (usually money) given by the accused to assure that he will appear before the court to answer the charge brought against him. May be a bail bond, cash bond, or a personal bond.
Bail Bond: the written agreement between a defendant (accused) and his sureties (bondsman) for the appearance of the defendant in court.
Bifurcated Trial: a procedure in Texas that refers to a two-part trial where each part is separate and distinct. The first part is the guilt/innocence phase, and the second part is the punishment phase, when necessary.
Cash Bond: a bond posted by an individual where the individual deposits money with the county to secure a promise to return to court. Cash bonds are usually refundable once the case is concluded.
Community Supervision: a continuum of programs and sanctions imposed by a court for a specified period of time.
County Court: courts having original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court and where the fine could exceed five hundred dollars. Generally, those misdemeanors involving possible jail confinement or possible fines exceeding $500.
Court Trial: a trial without a jury where the judge makes determinations of guilt or innocence and punishment, if necessary.
Criminal Episode: a continuing course of conduct, usually comprised of more than one criminal offense, which can be prosecuted in a single criminal action.
Criminal Negligence: a culpable mental state used when a person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
Culpable Mental States: a state of mind which renders a person responsible (culpable) for his or her actions. Generally one of the four culpable mental states must be proved in every case – see: intentional, knowing, reckless, or criminal negligence.
Custody: detained or under arrest by a peace officer or under restraint by a public servant pursuant to a court order.
Defendant: in a criminal court, the person accused.
Deferred Adjudication: a form of community supervision where criminal proceedings are deferred (or put off) without an adjudication (finding) of guilt.
District Court: courts having original jurisdiction in criminal cases of the grade of felony, misdemeanors involving official misconduct, and misdemeanor cases transferred to the district court by a county court whose judge is not a licensed attorney.
Driving While Intoxicated: operating a motor vehicle in a public place while intoxicated; intoxicated means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of these substances, or any other substance into the body, or having a blood alcohol concentration of 0.08 or more. In Texas, intoxication can be by drug or alcohol.
Evidence: the means by which alleged matters of fact is established or disproved. Evidence includes testimony of witnesses, documents, records, exhibits, objects, and any other probative matter offered for the trier of fact to consider in reaching its decision.
Expunction: a right to have all records and files relating to an arrest removed and destroyed. Convictions, probations, and deferred adjudications cannot be expunged; however, deferred adjudications can be subject to non-disclosure.
Felony: offense punishable by death or confinement in a penitentiary, and may include a fine in addition to penitentiary confinement.
Grand Jury: a jury selected to hear evidence and determine whether or not probable cause exists to start or continue a prosecution of the accused. Grand jury proceedings are generally secret.
Habeas Corpus: a remedy to be used when any person is restrained in his liberty. An order issued by a court of judge and directed to any one having a person in his custody or under his restraint ordering him to produce the person for a hearing to show why the person is being held in custody or under restraint. Can apply any time a person is restrained, including after conviction.
Habitual Offender: person convicted on numerous occasions of criminal offenses. In Texas, a habitual offender is generally a third-time offender having committed crime A (a felony) and crime B (a felony) prior to the commission of the offense charged, wherein crime A and crime B where committed consecutively (one after the other) rather than from the same episode.
Homicide: causing the death of another intentionally, knowingly, recklessly, or with criminal negligence. Depending upon the level of culpability, homicide is murder, capital murder, manslaughter (including intoxication manslaughter), or criminally negligent homicide.
Incompetency: not being competent to stand trial. Not having a sufficient present ability to consult with a person’s lawyer with a reasonable degree of rational understanding, or not having a rational as well as factual understanding of the proceedings against the person.
Indictment: a formal written accusation by a grand jury charging a person with a crime. Also the document which describes for the accused the offense with which he is charged.
Information: written statement filed with the court charging the defendant with an offense.
Insanity: an affirmative defense to prosecution where at the time of the conduct charged, the actor or defendant, as a result of severe mental disease or defect, did not know that his conduct was wrong. An insanity defense focuses upon the accused’s mental state at the time of the offense.
Intentional: a culpable mental state used when a person acts with intent, when it is his conscious objective or desire to engage in the conduct or cause the result.
Jeopardy: a legal rule from the United States Constitution stating a person may not be twice placed in jeopardy of life or liberty for the same offense, nor may he be tried again for the same offense after a verdict of not guilty. This means the state may not (1) prosecute a defendant for the same offense after an acquittal, (2) prosecute a defendant for the same offense after a conviction, or (3) obtain multiple punishments for the same offense. Also called Double Jeopardy.
Justification: a defense to prosecution that the defendant’s conduct in question is justified. Justification defenses can include necessity, self-defense, defense of another, defense of property; however, each justification has limitations and are very fact specific.
Jury: a body of members of the community who are selected to hear evidence. In criminal cases, a jury may comprise of 6 persons (misdemeanor offenses) or 12 persons (felony offenses, generally).
Jury Trial: a trial with a jury comprised of members of the community who will determine guilt or innocence and punishment in some cases.
Justice of the Peace: judge of a court having original jurisdiction in criminal cases punishable by fine only.
Knowing: a culpable mental state used when a person is aware of the nature of his conduct or when he is aware that his conduct is reasonably certain to cause the result.
Law of Parties: a body of law referring to criminal responsibility for a person’s own conduct as well as the conduct of others for which he is criminally responsible. A person is criminally responsible for another’s conduct if he causes or aids another to engage in the conduct; he promotes or assists another by soliciting, encouraging, directing, aiding, or attempting to aid another to engage in the conduct; or by failing to prevent the commission of an offense where he had a legal duty to prevent the commission of the offense. Also referred to as co-defendants or co-conspirators.
Misdemeanor: offense punishable by fine, confinement in jail, or both.
Peace Officer: person elected, employed, or appointed as a peace officer pursuant to the law. Examples include sheriffs, deputies, constables, marshals, police officers, rangers, troopers, some investigators.
Perjury: generally, making a false statement under oath.
Personal Bond: a bond approved by a magistrate or judge where a person accused promises to return to court without necessarily depositing money with the county but agrees to pay some amount of money if he fails to appear.
Personal Recognizance Bond: the accused is released solely upon his reputation and promise to appear.
Presumption of Innocence: an assumption of fact resulting from our constitution. All persons are presumed innocent, and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. An assumption that those accused of criminal activity are in fact innocent, unless and until their guilt is established beyond a reasonable doubt (the highest burden in our legal system).
Probable Cause: a level of proof, higher than reasonable suspicion, where the existence of facts, circumstances, or evidence would lead a reasonable person to believe that a crime has been, is being, or will be committed and the person being arrested is responsible for the crime, or facts that would lead a reasonable person to believe that property subject to seizure (evidence of a crime, instruments of a crime, contraband) is present in a designated location to be searched.
Probation: a form of community supervision where a sentence of imprisonment or confinement is probated, and the imposition of the sentence is suspended in whole or in part.
Proof Beyond a Reasonable Doubt: the highest level of proof which is required to render a criminal conviction. Generally proof of such a convincing character that you would be willing to rely and act upon it in the most important of your own affairs.
Prosecutor: a representative of the state charged with representing the state in criminal matters. Their primary duty is not to convict but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.
Reasonable Suspicion: the lowest level of proof used in the criminal system where facts or circumstances would lead a reasonable person to suspect that a crime has been, is being, or will be committed.
Reckless: a culpable mental state used when a person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
Search Warrant: written order issued by a magistrate or judge directed to a peace officer ordering him to search for any property or thing and to seize (take) the property or thing and bring it before the magistrate.
State Jail Felony: the lowest level of felony which is punishable by confinement in a state jail, rather than the institutional division, for a term of not more than two years and not less than 180 days.
Statute of Limitations: generally the time period beginning on the date of the commission of an offense in which an indictment or information must be presented to a court for prosecution. Once that time period expires, a prosecution may not be had. Misdemeanors have a two year statute of limitations. Felonies have statutes of limitations that range from three years to 28 years and include “no limits” for some serious offenses.
Subpoena: a court order, usually directed to a person, to personally appear before the court at a designated time or to appear and provide documents or objects.
Surety Bond: a bond posted by a third party (usually a bondsman who is insured) who promises to pay some amount if the defendant fails to appear. The bondsman usually charges a non-refundable fee for his services. The accused and the bondsman execute a bail bond.
Trial: a process where a judge or jury hears the facts of a case, as presented through witnesses and evidence, according to established rules and procedures for the purpose of determining guilt or innocence and punishment, if necessary.
Warrant: a legal document signed by a magistrate or judge explaining probable cause to arrest or search. Can be an arrest warrant, a search warrant, or an arrest and search warrant. |
