APPEAL- Convicted defendants have a right to appeal their convictions and sentences to higher courts. These courts examine the record made of the trial proceedings to determine if reversible error has occurred. If a higher court finds that serious errors occurred in the trial proceedings it may remand the case for a new trial or even dismiss the charges. Although most appeals are unsuccessful, the process is often very lengthy.

ARRAIGNMENT- The time in District Court when a criminal defendant is first advised of the charges against him and it is determined whether or not he is represented by an attorney and, in certain situations, how he wishes to plead. In District Court, it is the time when a defendant enters a plea, and if the plea is not guilty, a trial date is then set.

BAIL- An amount paid or pledged by the defendant to make sure he or she will appear in court.

CRIMINAL COMPLAINT- A legal document filed with the District Court Clerk that initiates criminal prosecution. In the case of some minor infractions, a police officer citation form will act as a criminal complaint.

FAILURE TO APPEAR- If the defendant does not appear in court as required, the court can order any, or all of the following actions:

• Forfeiture of bail or bond.
• Issuance of a warrant.
• uspension of the defendant's driver’s license.

An additional violation alleging a failure to appear. The punishment for this violation can be an additional jail term and/or a fine.

COURT - APPOINTED COUNSEL- At the arraignment, if the defendant wants to be represented by an attorney, but cannot afford one, a request may be made for a court appointed attorney. If the court determines the defendant meets the qualifications, an attorney will be appointed.

INDICTMENT- The charging document in Circuit Court after a case has been indicted by the grand jury. It is the basis for the arraignment, plea of guilty or not guilty, and trial by jury.

PROBATION– “Probation” is a sentence given in which jail time is imposed but some or all of that jail time is suspended and defendant is put on Probation. The defendant must follow the rules and regulation of being on Probation. A probationer is assigned a probation officer. The probationer usually has to report to the Probation Office at least once a month. It could be more frequent, depending on the terms of your probation. While on probation, you are told not to violate any city, state or federal laws. Other terms of probation could include, getting your G.E.D., completing a drug program, an anger management class and random drug screens. If you violate your probation, your probation officer will file a “delinquency report” with your Judge, usually requesting that your probation be revoked. A probation revocation hearing will be held to inform the Judge why your probation should be revoked and you go to jail.

PLEA AGREEMENT- This is sometimes inaccurately called "plea bargaining," which is a term used to describe a method of disposing of cases without a trial. Most defendants plead guilty. Once a defendant decides to plead guilty, it is up to the District Attorney's Office and the defendant's attorney to work out an agreement to present to the judge. The defendant may agree to plead guilty to the crime(s) charged or to a lesser offense, and there may be an agreement that the District Attorney's Office will recommend a sentence to the judge. The judge may accept or reject the plea. Although a victim does not have the final say as to what sentence is given, the District Attorney's Office is interested in their viewpoint and will present that to the court at sentencing.

PRELIMINARY HEARING- A hearing held before a District Court Judge to determine whether there is sufficient evidence for a case to be bound over to the grand jury. The test at the preliminary hearing is not guilt beyond a reasonable doubt, but rather whether there is evidence to indicate that a crime was committed and that the defendant committed it. Based on that, the court may bind the case over.

SENTENCING- After a defendant's guilty plea is accepted or he or she is found guilty after a trial, the judge decides what happens. The defendant may be sent to prison or jail, or the sentence may be "suspended" and the defendant put on probation. Probation means the defendant is left free as long as he or she does what the judge has told him to do. He or she may also be placed in other programs, such as the Community Correction Center or a Drug Rehab Program.

TRIAL- The court preceding in which the District Attorney, or a Assistant District Attorney, presents the case for the State, attempting to prove beyond a reasonable doubt that the defendant committed the crime as charged. The defendant may present proof to dispute the State's claim. Usually the defendant chooses whether a judge or a twelve person jury will decide the case.

NOTE: In a misdemeanor criminal case, the District Court Judge will either hear the case at trial or the Assistant District Attorney and defense attorney may reach a plea agreement.

WARRANT- A written order from a judge that a person be arrested. If you are a victim or a witness, the warrant is based on a written statement about the crime in which you were involved.