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Acquittal
A unanimous not guilty verdict.
Hung Jury
When a panel of 12 jurors cannot collectively
vote for acquittal or guilt a mistrial is declared.
The case may be dismissed by the Judge or prosecutor
(depending on the split), the case may be re-filed
and started over again or the prosecutor may offer
a much better deal to the defendant to make the
case go away.
Not Guilty Plea
A plea by the defendant claiming innocence of
guilt.
Guilty Plea
A plea by the defendant claiming guilt.
Nolo Contendre
By issuing a plea of nolo contendere, or "no
contest", the defendant accepts the punishment
without formally admitting that he was guilty.
By doing this, he avoids the consequences of a
guilty plea with regard to potential liability
to other people for money damages.
Felony
A felony crime is punishable by one year or more
in state prison. Felonies begin in the state's
lower court system but may move up to the state
Superior Court, or higher court. (Names for these
courts vary from State to State) Sample felony
crimes include murder, rape, or armed robbery.
Misdemeanor
A misdemeanor crime is punishable by up to one
year in county jail. Misdemeanor trials are held
in the state's lower court, sometimes referred
to as Municipal Court. (Names for these courts
vary from State to State) A misdemeanor may include
such crimes as drunk driving, disorderly conduct
and shoplifting.
Arraignment
An arraignment is the process by which the defendant
is read his rights and the list of charges against
him is explained.
Pre-Trial Conference / Plea
Bargaining
The pre?trial conference is a formal setting where
plea-bargaining occurs. The prosecution may offer
alternative sentencing. The charge may be changed
to a lesser charge. The number of felony counts
may be dropped. A lesser punishment for the same
charge may be agreed upon.
Preliminary Hearing
This only occurs when the defendant's plea is
"not guilty" in a felony charge. A preliminary
hearing is shorter than a trial but operates similarly.
It is conducted in front of a judge without a
jury present. The primary goal of a preliminary
hearing is to identify which cases are fit for
trial and which are not.
Superior Court Arraignment
Once a defendant has completed the initial arraignment
and preliminary hearing in a felony case, the
defendant is arraigned in Superior Court. The
defendant presents a plea of guilty, not guilty
or no contest.
Trial
The process by which a defendant is tried on charges
and considered guilty or not guilty. Defendants
charged with serious misdemeanors and felonies
may be entitled to jury trials. Minor misdemeanor
charges may be entitled to trial by judge. The
rules differ state-by-state.
Sentencing
Once the defendant has plead guilty or received
a guilty verdict by way of trial, he will be sentenced.
Sentencing guidelines differ State-to-State.
Appeals
After a defendant has been found guilty by way
of trial, the defense attorney may request a higher
court to change the lower court's decision.
Bail
An insurance policy to ensure the defendant appears
at his next scheduled court date. It is cash or
a cash equivalent. An attorney may bring a motion
to reduce bail at any appearance before the court.
Bail can be received by cash, check, property,
or a bond, which is a guaranteed payment of the
full amount of bail. Once the defendant appears
in court, the bail money is refunded. In addition,
bail is sometimes waived if the court feels the
defendant is a good risk, and therefore is released
on his own recognizance.
Voir Dire
The process of selecting a jury through questioning
by attorneys. This is the time when the attorneys
may set the tone of the trial. Many cases have
been won or lost in voir dire.
Determinate Sentencing
Some states provide specific sentences based on
specific crimes.
Indeterminate Sentencing
Many states do not provide specific sentences
based on specific crimes.
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To find out more information about these topics, please call us direct at
1-800-7700-DUI. |
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The Law Offices of Jeff Voll
Main Office:
3460 Wilshire Blvd., Suite 1209
Los Angeles , CA 90010 |
Law Office of Garrett T. Ogata
3841 W Charleston Blvd. Suite 205
Las Vegas, NV 89102
email: jeffvoll@yahoo.com |
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