Glossary

A

Arraignment: A court hearing at which the defendant is informed of the specific criminal charges for which he or she is being charged. This is the first step in your case being processed by the court.

Affidavit and Claim: The form you complete and file with the civil division to start a small claims case.

Amended Order of Probation: Used to add or delete information contained in the original Order of Probation, as recommended by the judge or probation officer.

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B

Bond, Bail or Bail Bond: A promise that the defendant in a misdemeanor will appear in court when required. This promise is normally guaranteed by the defendant or someone else posting money or property with the court. There are four types of bonds: personal recognizance bond, cash bond, ten-percent bond and a surety bond.

Bench Warrant: An order signed by the sentencing judge when a defendant has not obeyed the conditions of probation and the defendant cannot be found.

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C

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D

Default Judgment: What the court issues when a defendant in a small claims case fails to appear at a hearing. This results in a money award to the plaintiff.

Defendant: The person against whom a lawsuit is started or a crime charged.

Dismissal: The action of the Court when the plaintiff does not show up for a hearing.

Docket: A list of cases set for a hearing by a court on a specific day. The T & O Division prepares court dockets for cases involving traffic and ordinance violations.

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E

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F

Felony: A crime punishable by more than one year in state prison. Examples of felonies include homicide, kidnapping, criminal sexual conduct, and armed robbery.

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G

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H

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I

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J

Judgment: The decision of the court.

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K

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L

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M

Misdemeanor: A crime in which the maximum punishment is no more than one year in jail.

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N

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O

Order for Discharge: A written directive from the court that discharges the person from probation. This petition is prepared if the client has obeyed all the conditions of probation.

Order to Show Cause: A request filed by a probation officer with the sentencing judge when a defendant has violated or not obeyed a condition of probation. Once signed by the judge, the defendant is ordered to come to court.

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P

Petition: A written request made to the court requesting some type of action.

Plaintiff: The person who begins a small claims case.

Plea: A defendant's response to a criminal charge, either guilty, not guilty, or no contest (nolo contender). A no contest plea is treated the same as a guilty plea, except the defendant does not have to admit guilt.

Preliminary Examination: A hearing before a district court judge following arraignment at which the judge must determine whether sufficient evidence has been presented so that there is probable cause to believe that a crime has been committed and that the defendant committed the crime. Preliminary exams are held on felony cases.

Pretrial: Hearing in a criminal or civil case between the judge and the attorneys to discuss any questions or matters that can be resolved prior to the trial itself to assist in expediting or simplifying the trial.

Pretrial Hearing: A hearing before a district court judge in misdemeanor cases at which the judge must determine whether there is sufficient evidence to believe that a crime has been committed and the defendant committed the crime. At this time a defendant will have an opportunity to enter a plea and a trial date can be set.

Probation: Allowing a defendant convicted of a crime to remain out of jail or prison as long as they fulfill certain conditions. Persons on probation are supervised by probation officers. The 36th District Court has its own probation division.

Probation Order: An official written directive from the court ordering that a defendant in a criminal case is sentenced to a term of probation. This document is prepared by a court clerk, signed by both the judge and the defendant, and includes all legal conditions, fines, costs, and other special conditions.

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Q

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R

Release of Information: A form signed by a defendant authorizing a probation officer to legally obtain information about the defendant.

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S

Sentencing: Final step in the legal process, in which a penalty is applied by a judge for someone who is convicted of or plead guilty to a crime.

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T

Travel Permit: A legal document giving a person on probation permission to travel to another state during his or her probation period. This permit will list specific dates and locations of travel that the court has allowed.

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U

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V

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W

Warrant of Arrest: An order issued by a judge or magistrate to a police officer requesting the arrest of the person named in the warrant.

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X

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Y

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Z

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