Not Guilty Plea: A plea by the defendant claiming innocence.
Guilty Plea: A plea by the defendant claiming guilt.
No Contest: 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.
Arraignment: An arraignment is the hearing in which the defendant is read his/her rights and the list of charges against him/her is explained.
Felony: A felony crime is more serious than a misdemeanor and is punishable by one year or more in a state penitentiary. The criminal process for felonies begins in the state’s lower court system but may move up to the state Superior Court. 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 driving while intoxicated and petty theft.
Preliminary Hearing: A preliminary hearing occurs when the defendant pleads “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 but no jury present. The primary goal of this hearing is to identify whether or not a case should go to trial.
Municipal Court Trial: A trial for a misdemeanor takes place in a lower court. It is usually a trial by judge, although each state has different laws and some states have a trial by judge or jury.
Sentencing: Once the defendant has pled guilty or received a guilty verdict in trial, he/she will be sentenced. Sentencing describes the type and duration of punishment a convicted person will receive and its guidelines vary by state.
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.
Appeals: If 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.
Pre-Trial Conference / Plea Bargaining: The pre-trial conference is a formal setting where plea-bargaining occurs. The prosecution may offer alternative sentencing or the charge may be decreased to a lesser charge. The number of felony counts may be dropped. A lesser punishment for the same charge may be agreed upon.
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 guidelines vary by state.
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: When a state has specific sentences for specific crimes.
Indeterminate Sentencing: When a state does not have specific sentences for specific crimes.
To find out more information about these topics, please contact Ft. Lauderdale criminal attorney, John Castellano.
