Criminal Defense Resources

Arraignment

The first court appearance after an arrest, where the charges are formally read and the defendant enters a plea (guilty, not guilty, or no contest). Bail is also addressed at arraignment.

Bail / Bail Bond

Money paid to the court to secure a defendant's release from custody while the case is pending. A bail bond is a contract with a bail bondsman who posts bail for a fee (typically 10% of the bail amount).

Bench Trial

A trial decided by a judge alone, without a jury. The defendant can waive their right to a jury trial and choose a bench trial.

Continuance

A postponement of a scheduled court hearing or trial to a later date, requested by either party or ordered by the court.

Discovery

The process by which both sides exchange evidence and information before trial. Your attorney will review all discovery materials to identify weaknesses in the prosecution's case.

Felony

A serious crime punishable by more than one year in state prison. Examples include robbery, burglary, and certain drug offenses. Felony convictions can result in loss of voting rights, firearm rights, and professional licenses.

Grand Jury

A panel of citizens that reviews evidence in federal cases (and some state cases) to determine whether there is probable cause to indict a defendant.

Habeas Corpus

A legal action challenging the lawfulness of a person's detention or imprisonment. It is a fundamental protection against unlawful government detention.

Indictment

A formal criminal charge issued by a grand jury. Used primarily in federal cases and some serious state felony cases.

Infraction

The least serious category of offense in California, typically punishable only by a fine (e.g., traffic tickets). No jail time.

Misdemeanor

A crime less serious than a felony, punishable by up to one year in county jail. Examples include petty theft, simple DUI, and simple assault.

Motion to Suppress

A legal motion asking the court to exclude evidence that was obtained illegally (e.g., through an unlawful search and seizure). If granted, the prosecution cannot use that evidence at trial.

No Contest (Nolo Contendere)

A plea in which the defendant does not admit guilt but accepts the punishment. It cannot be used as an admission of guilt in a civil lawsuit.

Plea Bargain

An agreement between the defendant and prosecutor where the defendant pleads guilty to a lesser charge or receives a reduced sentence in exchange for avoiding trial.

Preliminary Hearing

A court hearing in felony cases where a judge determines whether there is sufficient evidence (probable cause) to require the defendant to stand trial.

Probation

A court-ordered period of supervision in the community as an alternative to (or in addition to) incarceration. Violation of probation conditions can result in jail or prison time.

Prosecutor / District Attorney

The government attorney who brings criminal charges and presents the case against the defendant. In California, county-level cases are handled by the District Attorney's office; federal cases are handled by the U.S. Attorney's office.

Public Defender

A government-appointed attorney for defendants who cannot afford private counsel. Public defenders are often overworked and may have limited time for each case.

Sentencing

The court proceeding where a judge imposes punishment after a guilty verdict or plea. Factors include the severity of the offense, criminal history, and mitigating circumstances.

Strike (Three Strikes Law)

California's Three Strikes Law mandates significantly enhanced sentences for defendants convicted of a third serious or violent felony. A second strike doubles the sentence; a third strike results in a minimum 25-years-to-life sentence.