Commonly Used Terms

Definitions of Terms in the Criminal Justice System

Arraignment

A hearing where charges are read, bond is set, and the next hearing date is scheduled.

Bench Trial

A trial where a judge decides guilt based on presented evidence.

Bindover

The transfer of a felony or high court misdemeanor case to Circuit Court after a preliminary examination.

Cobbs Hearing

A hearing where a judge may indicate a likely sentence if a defendant pleads guilty, allowing the plea to be withdrawn if the judge does not follow through.

Conviction

Achieved through a guilty plea, a judge's decision in a bench trial, or a unanimous jury verdict.

Complaint

A legal document outlining charges against a defendant. There are two types:

Misdemeanor Complaint

For charges punishable by one year or less.

Felony Complaint

For charges punishable by more than one year.

Felony

A charge punishable by over one year.

Felony Information

Similar to a felony complaint, detailing charges in Circuit Court.

High Court Misdemeanors

Charges with penalties of up to two years, treated similarly to felonies.

Jail

A facility for those who haven't made bond or are sentenced to one year or less.

Jury Trial

A trial where citizens decide guilt, consisting of six jurors in District Court and twelve in Circuit Court, requiring a unanimous verdict.

Misdemeanor

A charge punishable by one year or less.

Motions

Requests for hearings on legal issues before or during a trial.

Parole

Supervision after prison release, with rules that must be followed.

Preliminary Examination

A hearing required for felonies/high court misdemeanors to establish probable cause within 14 days after arraignment.

Pre-sentence Report

A document summarizing the crime and defendant's past criminal history for sentencing purposes.