Federal Criminal Glossary

Federal Criminal Glossary:

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Affirmative Defense: New evidence offered by the defendant in an action which my serve to prove a new fact. While not denying the charge, the defendant presents this evidence to avoid judgment against him or her. A classic example of this is the entrapment defense.
Allen Charge: Further instructions which the judge gives a jury having difficulty reaching a decision, in order to encourage the jury to reach a verdict.
Appeal: The judicial proceedings or steps in the proceedings resulting from a request to a higher court for a review of the decision of a lower court.
Arraignment: A hearing before a judicial officer at which the defendant is informed of the charges filed against him or her and of his or her rights. The defendant or his lawyer must then respond to the charges with a plea of guilty or not guilty.
Bill of Particulars: Additional information in which the prosecutor specifies the nature, character, place and time of a crime that is alleged in the charging document. Also, Motion for Bill of Particulars; a request by the Defense attorney to the Court to order the Government to provide same.
Bond: Bonds come in three flavors. A personal surety bond, also known as a signature bond, is simply a contract between whoever signs it (usually the accused and his or her family members) and the Court promising to pay a certain amount if the person doesn't show up. A ten percent bond is similar to the personal surety bond with the added requirement that ten percent of the face amount of the bond be posted with the Court. For example, if you have a $100,000 ten percent bond then $10,000 must be deposited with the Court. This money is then returned to whoever posted it when the case is over. The third bond is the corporate surety bond. This is where a bondsman posts the bond with the Court. Of course, the bondsman will look to the accused and his family for assurances of payment and for his premium (usually 15% of the face value of the bond which is never returned).
Closing argument: Final statement during trial made by attorneys for each party in which they summarize both the evidence they have presented and that which they assert the opposing party has failed to prove. Also called closing statement or summation.
Co-defendant: One or two or more persons charged in the same charging document or tried in the same legal proceedings.
Complaint: The complaint is a written statement of the essential facts which constitute a crime. It must be sworn before a magistrate judge. A formal document submitted to the court by the prosecutor alleging that a person has committed an offense and requesting that prosecution be initiated. In felony cases this document is filed to initiate the preliminary hearing on probable cause. In Federal Court it is also the document filed to hold a defendant until a grand jury decides whether to issue an indictment.
Conspiracy: An agreement between two or more persons to commit a specified offense, such as a conspiracy to commit money laundering. An overt act in furtherance of the agreement may be required.
Continuance: The cessation, interruption or adjournment of a proceeding until a future date. Usually refers to a postponement which amounts to a substantial delay in the proceedings.
Cross-examination: The interrogation of a witness by the opposing party or attorney, limited to those matters about which the witness testified during direct examination.
Defendant: An individual accused of an offense or crime by the filing of a charging document.
Detention: The confinement of a person in a correctional facility during the pendency of a criminal action. See also pre-trial detention.
Direct Examination: The first questioning of a witness by the party representing that witness. See also cross examination.
Discovery: The procedure by which one or both parties disclose evidence which will be used at trial.
Dismiss: To terminate legal action involving outstanding charges against a defendant in a criminal case. Motion to Dismiss is when the defense attorney asks the Court to dismiss the case.
Exclusionary Rule: Doctrine derived from the United States Constitution which prevents the authorities from using illegally obtained evidence at trial.
Federal District Court Judge: The Federal District Court Judge is the trial judge. They are appointed by the President of the United States and confirmed by the U.S. Senate. They have life appointments. It is good to be the King (or Queen).
Federal Magistrate Judge: Magistrate Judges, in the Federal system, are judges that are appointed by the District Court judges. Unlike District Court Judges who are appointed for life by the President and confirmed by the Senate, Magistrate Judges are only appointed for a period of time. They are not the trial judges and they do not preside over juries. Instead, they usually handle pre-trial hearings such as the initial appearance, bond hearing, and some pre-trial motion hearings. They can also conduct misdemeanor trials.
Felony: An offense punishable by a term of imprisonment exceeding one year or by death.
Hung Jury: A jury so divided in opinion that it is unable to reach a unanimous verdict.
Indictment: A formal written accusation presented by the Grand Jury alleging that an individual or a corporation named has committed a specified offense, usually a felony.
Initial Appearance: The defendant's first appearance in court at which he or she is informed of the charges. A plea may be entered and bail set. In some cases, the defendant may only be advised of his or her rights and the steps in the judicial process, and assigned counsel if necessary.
Mistrial: A trial terminated by a judge because of circumstances or facts which preclude a fair and impartial proceeding as prescribed by law.
Motion: An oral or written request made to the court requesting a specific judgment, order or finding.
Opening Statement: Initial address to the court by an attorney in which the nature of the case and the evidence to be presented are outlined.
Plea Bargain or Agreement: The process whereby the defense counsel and the prosecutor reach a resolution of a criminal case. When the resolution is reduced to writing it is called the plea agreement.
Pre-Sentence Investigation: An inquiry undertaken by a designated authority at the request of a court to gather information about the background of a person convicted of an offense. This inquiry is designed to assist the court in determining the appropriate sentence to be imposed.
Pre-Sentence Investigation Report: A written account prepared for the judge from a pre-sentence investigation, designed to assist the judge in determining the most appropriate sentence for a person convicted of an offense. Also called the PSI or PSR.
Pre-Trial Detention: In Federal Court the Government can ask that someone be held in custody without bond during the pendency of the case. This is called pre-trial detention. Although it might seem so this request is not automatically granted. The Government must prove to the Judge (usually the Magistrate Judge) that the accused is either a danger to the community or a risk of flight, or both. If you are charged with certain crimes, for example, a drug crime, the law presumes that you are a danger to the community and a risk of flight. In this case you or your lawyer must overcome this presumption.
Probable Cause: A set of facts or circumstances which would indicate to a reasonable person that an offense was committed by a particular individual.
Probation Department: A court agency whose primary functions include the investigation of persons placed on probation, the preparation of pre-sentence reports which assist the judge in determining the appropriate penalty, and the supervision of persons receiving probation as their sentence. Probation Officers work for the Probation Department.
Rap Sheet: Slang term for the official document listing all prior arrests, dispositions, aliases and identifying information of a defendant.
Sentencing Guidelines: A set of rules that determine a sentencing range for a given offense and a given defendant.
Standard Discovery Order: In the old days, lawyers would file all these boilerplate motions asking for all kinds of information about your case (discovery). The Courts got tired of all the trees sacrificing their lives for the same old motions so now they enter an order which directs the parties, mostly the Government, to give your lawyer all the information he is entitled to.
Subpoena: A written court order requiring a person to appear in court at a designated time to testify in a case or to produce documents or items to be used as evidence.
Voir Dire: The preliminary examination of a witness or a potential juror when there is a question concerning the individual's competence, interest or some other matter.
Writ: A document issued by a judge ordering or forbidding the performance of a specified act.
Writ of Habeas Corpus: A document which directs the person detaining a prisoner to produce him or her before a judicial officer to determine the lawfulness of the imprisonment.