Plain-English legal glossary

60 terms

Acquittal

A not-guilty verdict by a judge or jury. Once you are acquitted, the prosecution cannot appeal that verdict or try you again for the same offense.From arrest to resolution

Arraignment

Your first court appearance, where the judge tells you the charges, advises you of your rights, and you enter a plea. If you are in custody, it generally must happen within 48 hours of arrest, not counting weekends and holidays.Penal Code § 825 From arrest to resolution

Bail

Money or a bond posted so you can be released from jail while your case is pending, as a guarantee you will return to court. California judges must consider your ability to pay when setting it.Bail and release

Bail Bond

A promise by a licensed bail agent to pay your full bail if you miss court. You usually pay the agent a nonrefundable fee, often around 10 percent of the bail amount, and do not get it back.Bail and release

Bail Schedule

A list of standard bail amounts for common charges, adopted by each county’s judges. It lets many people post bail soon after booking, before seeing a judge, though a judge can later raise or lower the amount.Penal Code § 1269b Bail and release

Bench Warrant

A warrant a judge issues from the bench, usually because someone missed a required court date or did not follow a court order. Police can arrest you on it at any time, including during a traffic stop.Penal Code § 978.5 Bail and release

Booking

The jail’s intake process after an arrest. Officers record your personal information, take fingerprints and photographs, hold your property, and check for other warrants before you are released or kept in custody.Bail and release

Burden of Proof / Beyond a Reasonable Doubt

In a criminal case, the prosecution carries the entire burden of proving guilt, and must prove every element of each charge beyond a reasonable doubt. You never have to prove your innocence or testify.Penal Code § 1096 Know your rights

Charge

The specific crime the government formally accuses you of committing. Police may recommend charges after an arrest, but the prosecutor decides which charges, if any, are actually filed in court.From arrest to resolution

Citation (Cite and Release)

A written notice to appear in court that an officer gives you instead of taking you to jail. Signing it is not an admission of guilt, only a promise to appear on the date listed.Penal Code § 853.6 Bail and release

Complaint

The written charging document a prosecutor files to start a criminal case. Misdemeanor cases proceed on the complaint, while felony cases begin with one and move to an information after a preliminary hearing.From arrest to resolution

Conviction

A finding of guilt, whether from a guilty or no contest plea or a verdict at trial. A conviction can bring consequences beyond the sentence itself, including effects on jobs, professional licenses, and immigration status.

Count

Each separate charge listed in a complaint, information, or indictment. A single case can include several counts, and each one can lead to its own verdict and its own sentence.

Defendant

The person formally charged with a crime in a court case. As a defendant, you are presumed innocent and have the right to an attorney, the right to remain silent, and the right to a trial.Know your rights

Deferred Entry of Judgment

An arrangement where you enter a plea but the court holds off on entering judgment while you complete conditions such as classes or treatment. If you finish successfully, the charges are dismissed; if not, judgment can be entered.

Discovery

The process by which the prosecution and defense exchange evidence before trial, such as police reports, witness statements, and recordings. The prosecution must also turn over evidence that could help your defense.Penal Code § 1054.1 From arrest to resolution

Dismissal

When a judge or the prosecutor ends a charge or an entire case without a conviction. A judge may dismiss a case in the furtherance of justice, and prosecutors may also choose to drop charges.Penal Code § 1385

District Attorney

The elected county prosecutor, along with the deputy district attorneys on staff, who brings criminal cases on behalf of the People of California and decides whether to file charges after an arrest.Government Code § 26500

Diversion

A program that pauses your case while you complete conditions such as classes, treatment, or community service. If you complete it successfully, the charges are dismissed and the arrest is generally treated as if it never happened.Penal Code §§ 1000, 1001.36, 1001.95

DMV Administrative Per Se (APS) Hearing

A DMV hearing about suspending your driver’s license after a DUI arrest, separate from the criminal case. You generally have only 10 days from receiving the suspension notice, usually at arrest, to request it.Vehicle Code §§ 13353.2, 13558 DMV 10-day deadline

Enhancement

An additional allegation that, if proven, adds extra punishment on top of the sentence for the underlying crime, for example for using a weapon, causing great bodily injury, or having certain prior convictions.

Expungement

The common name for relief where a court withdraws your plea and dismisses a conviction after you complete probation or meet other conditions. It does not erase the record entirely, but it helps with most private employment.Penal Code § 1203.4 Expungement and record clearing

Felony

The most serious category of crime, punishable by state prison or, for many offenses, county jail for more than one year. A felony conviction carries lasting consequences, including a lifetime ban on owning firearms.Penal Code § 17(a) Felonies and misdemeanors

Field Sobriety Tests

Physical and mental exercises, like walking a straight line or standing on one leg, that officers use to look for signs of impairment during a DUI stop. In California, these roadside tests are generally voluntary.DUI

Hung Jury

A jury that cannot reach a unanimous verdict after deliberating. The judge declares a mistrial, and the prosecution may then retry the case, offer a new plea agreement, or dismiss the charges.

Implied Consent

California’s rule that by driving, you have agreed to a chemical breath or blood test if you are lawfully arrested for DUI. Refusing can lead to a longer license suspension and harsher penalties if convicted.Vehicle Code § 23612 DUI

Indictment (Grand Jury)

A formal felony charge issued by a grand jury, a panel of citizens that hears the prosecutor’s evidence in secret. A case that begins by indictment skips the preliminary hearing and goes directly to arraignment.Penal Code § 889 From arrest to resolution

Information

The formal charging document a prosecutor files in a felony case after a judge holds you to answer at the preliminary hearing. It replaces the original complaint and generally must be filed within 15 days.Penal Code § 739 From arrest to resolution

Infraction

The least serious type of offense, such as most traffic tickets. Infractions are punishable only by a fine, with no jail time, and they do not carry the right to a jury trial.Penal Code § 19.6 Felonies and misdemeanors

Jury Trial

A trial where 12 citizens decide whether the prosecution proved the charges beyond a reasonable doubt. Their verdict must be unanimous, and in California you have this right in both misdemeanor and felony cases.From arrest to resolution

Miranda Rights

Warnings police must give before questioning someone in custody, including the right to remain silent and the right to an attorney. To use these rights, clearly say that you are remaining silent and want a lawyer.Know your rights

Misdemeanor

A crime less serious than a felony, punishable by up to one year in county jail, a fine, or both. Unless a law says otherwise, the maximum is six months in jail and a $1,000 fine.Penal Code § 19 Felonies and misdemeanors

Mistrial

A trial that ends early without a verdict, often because of a hung jury or a serious error during the proceedings. The case is not necessarily over; the prosecution can usually try it again.

Motion to Suppress

A request asking the judge to exclude evidence obtained through an unlawful search or seizure. If the motion is granted, the prosecution cannot use that evidence against you, which can weaken or end its case.Penal Code § 1538.5 Know your rights

No Contest (Nolo Contendere)

A plea where you do not admit guilt but accept a conviction and sentence. In criminal court it has the same effect as a guilty plea, but for a misdemeanor it generally cannot be used against you in a civil lawsuit.Penal Code § 1016

Own Recognizance (OR) Release

Release from custody without posting bail, based on your written promise to appear at every court date and follow any conditions. Judges consider factors like community ties, prior record, and public safety.Penal Code § 1270 Bail and release

Penal Code § 17(b) Reduction

A request asking the judge to reduce a wobbler offense from a felony to a misdemeanor, either at sentencing or later, such as after probation. Once reduced, the offense is treated as a misdemeanor for most purposes.Penal Code § 17(b) Misdemeanor, wobbler or felony?

Pitchess Motion

A defense request to review an officer’s confidential personnel records for complaints of misconduct, such as dishonesty or excessive force. The judge reviews the files privately and releases only relevant information to the defense.Evidence Code §§ 1043, 1045

Plea Bargain

An agreement in which you plead guilty or no contest, often to a reduced charge or for a lighter sentence, in exchange for resolving the case. The judge must approve the agreement before it takes effect.From arrest to resolution

Preliminary Alcohol Screening (PAS)

A handheld roadside breath test an officer may offer before a DUI arrest. For most adult drivers it is optional, but drivers under 21 and people on DUI probation are required to take it.Vehicle Code § 23612(h)–(i) DUI

Preliminary Hearing

A hearing in a felony case where a judge decides whether there is enough evidence, called probable cause, for you to stand trial. It generally must happen within 10 court days of arraignment unless you waive time.Penal Code § 859b From arrest to resolution

Prior

A previous conviction that the prosecution alleges in a new case. If proven, a prior can increase the punishment, for example in a repeat DUI case or under the Three Strikes law.

Probable Cause

Enough reliable facts to make a reasonable person believe a crime was committed and that a particular person committed it. Police generally need probable cause to arrest you or to obtain a warrant.Know your rights

Probation

A sentence served in the community, instead of or along with jail, under conditions you must follow. Formal probation is supervised by a probation officer; summary or informal probation is supervised by the court. Violations can lead to custody.Penal Code § 1203 Probation violations

Proposition 47

A 2014 voter initiative that reduced certain drug possession and theft offenses, including many thefts of $950 or less, from felonies to misdemeanors. It also lets eligible people seek resentencing or reclassification of older convictions.Penal Code § 1170.18 Felonies and misdemeanors

Protective Order (Criminal Protective Order)

An order a criminal court issues to protect a victim or witness, often requiring the defendant to stay away from or have no contact with that person. Violating it is a separate crime.Penal Code § 136.2

Public Defender

A government-employed attorney appointed to represent people charged with crimes who cannot afford to hire a private lawyer. You may request one at your arraignment if you cannot afford counsel.Government Code § 27706

Restitution

Money a court orders a convicted person to pay to reimburse a victim for actual losses, such as medical bills, property damage, or lost wages. It is separate from fines paid to the state.Penal Code § 1202.4

Sealing

A process that limits who can see an arrest or conviction record. A sealed arrest is generally treated as if it never happened, and California now automatically limits public access to many eligible older records.Expungement and record clearing

Sentencing

The stage where the judge decides the punishment after a conviction. It may include jail or prison, probation, fines, restitution, classes, or community service, and your attorney can present information in your favor.From arrest to resolution

Speedy Trial

Your right to have your case tried without unreasonable delay. Felonies generally must go to trial within 60 days of arraignment on the information; misdemeanors within 30 or 45 days, depending on whether you are in custody.Penal Code § 1382 From arrest to resolution

Statute of Limitations

The deadline for the prosecution to file charges. Most misdemeanors must be filed within one year and many felonies within three years, though serious crimes can have longer limits or no limit at all.Penal Code §§ 799–805 Statute of limitations calculator

Strike / Three Strikes

A strike is a prior conviction for a serious or violent felony. Under California’s Three Strikes law, one strike can double the sentence for a new felony, and two strikes can mean 25 years to life in some cases.Penal Code §§ 667(b)–(i), 1170.12 Felonies and misdemeanors

Subpoena

A court order requiring a person to appear in court to testify, or to bring documents or other evidence. Both the prosecution and the defense can use subpoenas to gather evidence and witnesses.Penal Code § 1326

Summary Probation

Probation, usually for misdemeanors, that is supervised by the court rather than a probation officer. Also called informal or court probation, it generally lasts no more than one year for most misdemeanors.Penal Code § 1203a Probation violations

Time Served

Credit toward your sentence for days you have already spent in custody, including time held before trial. A sentence of time served means you are released because you have already completed the jail time.Penal Code § 2900.5

Time Waiver

Your agreement to give up deadlines that would otherwise require your case to move forward, such as for a preliminary hearing or trial. Defendants often waive time so their attorney can investigate and negotiate.From arrest to resolution

Vehicle Code § 23152

California’s main DUI law. It makes it illegal to drive under the influence of alcohol or drugs, or with a blood alcohol concentration of 0.08 percent or higher (0.04 percent for commercial drivers).Vehicle Code § 23152 DUI penalty explorer

Warrant (Arrest Warrant or Search Warrant)

A court order signed by a judge based on probable cause. An arrest warrant authorizes police to take a person into custody, and a search warrant authorizes a search of a specific place for specific evidence.Know your rights

Wobbler

An offense that can be charged and punished as either a felony or a misdemeanor. The prosecutor decides how to file it, and a judge may later reduce a felony wobbler to a misdemeanor.Penal Code § 17(b) Misdemeanor, wobbler or felony?