Being a defendant in a criminal case can be overwhelming, especially given the potential consequences and the unfamiliar language used in most courtrooms. To participate in your criminal trial and understand the common legal words and phrases used in your defense, it is important to familiarize yourself with the language and processes that will occur during your case. Here are a few of the most common terms and phrases that will help you become more familiar with courtroom lingo.
Defendant
A defendant is a person who has been arrested and charged with a crime. In a courtroom, the defense sits opposite the prosecutor (state’s attorney) who represents the state in the criminal trial.
Probable Cause
Probable cause is used by law enforcement to determine if there is reasonable cause to believe that a crime has or is being committed. This is the basis for all lawful searches, seizures, and arrests.
Evidence
Evidence is any testimony, document, and/or object used to prove a fact in a case. Types of evidence and whether it can be admitted can be complex in criminal cases. Talk to your attorney about what evidence may be used against you.
Deposition
A deposition is a formal, out-of-court process where a witness or party in a legal proceeding is sworn in and answers questions under penalty of perjury.
Indictment
An indictment is a formal charging document presented by a grand jury to a court for prosecution against the defendant.
Beyond a Reasonable Doubt
This phrase is commonly used when referring to the burden of proof required of the prosecution in a criminal case. They must prove that the defendant is guilty beyond a reasonable doubt.
Cross-Examination
During a criminal trial, each side reserves the right to question the witnesses and those who have been summoned to testify in the case whether they are expert witnesses or eyewitnesses. A cross-examination is the questioning
Bail
Bail is a financial arrangement that allows a person accused of a crime (defendant) to be released from custody while awaiting trial. The court sets the bail amount, which can vary based on the defendant’s criminal history, the severity of the crime, and their likelihood of fleeing. Bail usually also includes certain requirements such as not contacting people in the case, not using drugs/alcohol and not taking part in any criminal activity.
Verdict
A verdict is a formal decision in a court case made either by the judge in the case or the jury that heard the case.
Appeal
A defendant has the right to appeal a verdict in their criminal case if they feel that the trial was not conducted properly. Grounds for an appeal include jury misconduct, prosecutorial misconduct, ineffective counsel, or mishandling of evidence.
Do you need legal counsel in a criminal case? Talk to our team at the Law Office of Patrick Conway in Salem, Massachusetts. Contact us for a free consultation.