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Legal Definitions


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.

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 of a convicted 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 - attorneys can litigate legal issues and motions before the Judge.

Personal Recognizance - the promise of a defendant to return to 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 charge that he/she committed a crime.

Plea Agreement / Plea Negotiation - an agreement between the State and the defendant.  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 and 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 an attorney for criminal prosecution.

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 losses incurred as the result of the crime.

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.

Trial - the defense and prosecuting attorneys present their case through witnesses and exhibits, a judge or jury will review the evidence and decide if the prosecuting attorney has proven the case. 

Sentencing Hearing - a hearing before a Judge where the punishment of a defendant is decided.  The sentence imposed by the Judge is based upon plea negotiations with the prosecutor, 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.


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