Legal Definitions
Below is a list of legal definitions pertaining to the criminal division. The list includes definitions for different hearing types, procedural status, and victim and witness information.
Acquittal
A legal judgment, based on the decision of a jury or judge, that the defendant's guilt was not proven beyond a reasonable doubt.
Arraignment hearing
The first court appearance for a petty misdemeanor or misdemeanor charge.
Bail
Money or property promised to the court as security when a defendant is released from jail during criminal proceedings. He or she promises to appear in court when ordered to do so. Bail can be forfeited if the defendant fails to appear or violates release conditions.
Beyond a Reasonable Doubt
The degree of proof needed for a jury or judge to convict an accused person of a crime in criminal court.
Charge
A formal accusation filed by the prosecutor's office that a specific person has committed a specific crime; also referred to as "pressing charges." A victim does not "press charges." Charges are filed by the prosecutor on behalf of the State of Minnesota.
Citation
Also known as a ticket or tab charge. A document handed to or mailed to an individual charged with a petty misdemeanor or misdemeanor offense. Some citations require a court appearance and some citations can be paid with a fine.
Complaint
A document describing the facts surrounding an alleged crime and listing the charged crimes. A complaint is signed by a prosecutor, law enforcement officer and a judge and is used to initiate a criminal case.
Continuance
A delay or postponement of a court hearing; the case is said to be "continued" when it has been delayed or postponed.
Conviction
A judgment of the court, based upon the decision of a jury or judge that the defendant is guilty of the charged crime.
Defendant
A person who has been formally charged with committing a crime.
Dismissal
A decision by a prosecutor or judge to end a case for legal reasons.
Disposition
The final judicial decision that ends a criminal proceeding by judgment of acquittal, dismissal or sentencing if conviction of a defendant.
Felony
A criminal offense punishable by more than one year of imprisonment.
First Appearance
The defendant is advised of the nature of the charge, advised of his/her rights, bail or release conditions are set, and a public defender may be appointed.
Gross Misdemeanor
A criminal offense punishable by up to one year in jail and/or a $3,000 fine.
Hearing
A legal proceeding in which arguments, witnesses or other pre-trial evidence may be heard by a judge.
Misdemeanor
A criminal offense punishable by up to 90 days in jail and/or a $1,000 fine.
Omnibus Hearing
A chance for attorneys to litigate legal issues and motions before the Judge.
Personal Recognizance (ROR)
The promise of a defendant to return for court when ordered to do so. The promise is given in exchange for release from custody without bail during criminal proceedings.
Petty Misdemeanor
A non-criminal offense punishable by up to a $300 fine.
Plea
A defendant's formal answer in court to the allegation of the crime committed.
Plea Agreement / Plea Negotiation
An agreement between the prosecutor and the defense attorney/defendant, where the defendant agrees to plead guilty under certain terms and conditions. Plea agreements are a means of arriving at a reasonable disposition without the necessity of a trial. The victim has the right to be informed of the plea agreement and to voice any objections at the sentencing hearing. All plea agreements must be approved by the judge.
Pre-Sentence Investigation (PSI)
A written report prepared by Community Corrections which is given to the Judge, the prosecutor and the defense attorney. The investigation provides the judge information about the defendant and the crime's impact on the victim. The PSI report will include recommendations for sentencing and, when appropriate, court supervision of the defendant's behavior during probation.
Pre-Trial Conference
This hearing is used as an opportunity for the attorneys, and occasionally the Judge, to discuss the facts of the case in an attempt to resolve the case prior to trial.
Prosecutor
An attorney employed by the government to represent the "public interest" and uphold the laws. The prosecutor charges and prosecutes people accused of breaking the law. The victim does not hire a criminal prosecution attorney but may hire their own attorney to represent their best interests in a criminal case.
Public Defender
An attorney hired by the government to represent defendants who are financially unable to hire a private defense attorney.
Restitution
Payments ordered by the judge to repay victims for economic loss incurred as the result of the crime. This can consist of lost wages, damages, medical bills, etc. anything resulting directly from the crime committed.
Subpoena
A court order requiring a person to appear in court and give testimony. An employer cannot act upon or threaten to discharge or discipline you for missing work to testify in court when you are subpoenaed. Failure to comply with a subpoena can result in a warrant for ones arrest.
Trial
The prosecuting attorney and defense attorney or Pro Se defendants, present their case through witnesses and exhibits. A judge or jury will review the evidence and decide the final outcome of the case.
Sentencing Hearing
A hearing before a Judge where the punishment of a defendant is decided. The sentence is imposed by the Judge, however, this is typically based upon plea negotiations, recommendations of Community Corrections, and the Minnesota Sentencing Guidelines.
Victim
A person who incurs loss or harm as a result of a crime; if deceased, victim means the surviving spouse or next of kin. A corporation may be defined as a victim for the purposes of restitution.
Victim Impact Statement
A statement given by the victim or victims that describes how the crime has affected them and any reactions to the proposed sentence or disposition. This statement can be in writing or read aloud at the sentencing hearing.