Strengthen Your Case: A Legal Glossary for First-Time Criminal Defendants

Being accused of a criminal offense for the first time can be daunting. Navigating the criminal justice system for the first time can be overwhelming, especially with the complex terminology involved in criminal cases. The unfamiliar legal jargon can make an already stressful situation even more overwhelming. Understanding the key legal terms used in criminal cases is the first step toward strengthening your case. By understanding the language of criminal law, you can ensure you are well-prepared for your case. Another vital step toward strengthening your criminal case is contacting a defense attorney. But before contacting a criminal defense attorney, read on for a clear understanding of some of the essential legal terms used in criminal cases that all first-time defendants should know.

Arraignment

This is usually the first step in a criminal proceeding. It is when you are brought in front of the court for the first time. During your arraignment, you will hear the charges against you and be asked to enter a plea. You can enter a guilty, not guilty, or no-contest plea. During this hearing, the court will also determine if bail will be set and, if so, the amount.

Bail

Bail is money you pay to be released from legal custody. It acts as a guarantee that you will show up in court at a later date. A judge or magistrate decides the bail amount after assessing several factors, including the type of crime alleged, the risk of the defendant fleeing, and the defendant’s dangerousness. Generally, the bail is returned to you if you attend all court dates. If you fail to appear, you forfeit the bail.

Preliminary Hearing

During this hearing, which usually happens after the defendant has entered a plea of not guilty, the judge decides whether there is enough evidence to require the case to proceed to trial. During this hearing, the prosecution calls witnesses and introduces evidence, and the defense can cross-examine witnesses. However, this hearing is not always required, and the defendant can waive it.

Discovery

The discovery process involves the prosecution and defense exchanging information and evidence that will be presented at trial. Discovery allows both sides to prepare for trial. It ensures a fair trial by preventing surprises in the courtroom.

Deposition

This is an out-of-court testimony given under oath by witnesses or experts as part of the discovery process. In some situations, depositions may be used at trial.

Prosecutor

The prosecutor is the government attorney responsible for presenting the case against you (the defendant). They are responsible for proving your guilt. In the United States, prosecutors are required to prove a defendant’s guilt beyond a reasonable doubt.

Plea Bargain or Plea Deal or Plea Agreement

This is an agreement between you (the defendant) and the prosecutor where you agree to plead guilty in exchange for a lesser charge, a reduced sentence, or a dismissal of charges.

Probation

An alternative to imprisonment in which you are released after conviction under supervision as long as you observe certain conditions.

Contact an NYC Criminal Attorney

If you are facing criminal charges, it is vital that you contact a defense attorney. Our NYC criminal attorney, Mark I. Cohen, is here to help you with your criminal case. Contact us today to schedule a consultation.