Criminal Law Common Terms

Arraignment

The court proceeding during which a person is informed of the charges against him or her and where the Defendant is expected to enter a plea of guilty or not guilty.

Defendant

A person charged with committing a criminal offense.

Discovery

A legal process involving the exchange of information and evidence between the prosecutor and defendant in a criminal matter prior to trial.

Felony

A serious crime carrying a potential penalty of imprisonment for more than one year. Probation supervision, community service, restitution, and fines are other sactions a Court could impose.

Grand Jury

A group of citizens who decide whether the prosecutor has enough evidence to pursue felony (and perhaps also misdemeanor) charges against a person.

Indictment

A document that contains the felony (and perhaps also misdemeanor) charges that were voted by the grand jury.

Miranda Warnings

A warning that is required to be given by police to criminal suspects in police custody before they are interrogated or questioned to inform them about their constitutional rights.

Misdemeanor

A crime that generally carries a maximum sentence of local jail term (six months or less). Probation supervision, community service, restitution, and fines are other sactions a Court could impose.

Motion to Suppress

A request to a Court for an order that certain evidence be excluded from consideration by a judge or jury at trial. Typically, the basis for such a Motion arises from the police violating a defendant’s rights under the Ohio or United States Constitution (for example, all defendant's have a Fourth Amendment right to be free from unreasonable searches and seizures and a Fifth Amendment protections against self-incrimination).

Plea bargain

An agreement between the defendant, a judge, and a prosecutor in which the defendant admits guilt, usually in exchange for a promise that a particular sentence will be imposed.

Prosecutor

A lawyer who represents the government in criminal cases (also known as the Prosecuting Attorney, the State, or the prosecution).

Summons

An appearance notice requiring a defendant to appear before a Court for a criminal charge.

Trial

A court proceeding during which a judge or jury decides whether a person is guilty or not guilty of the charges against him or her.