Felony: A felony is any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in a state penitentiary.

Misdemeanor: A misdemeanor is any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year.

Arraignment: This is where the prosecutor tells the court what you have been arrested for. The arraignment is really just an administrative hearing when you will be asked to respond by pleading guilty, not guilty or no contest. Most of the time attorney’s prefer their clients to plead not guilty at the arraignment because the plea can always be changed later depending on what the attorney discovers during his or her investigation. However, if you have a good plea offer and it is in your best interest you should consider a plea at this time. (e.g. If prosecutor has offer open only at arraignment.)  Also, a pre-trial date may be set. If a trial date is set, it may change (get further away) as events progress.

Arrest: Where the police detain a person in any way that makes it clear that they are not free to leave. Before the police can ask you any questions about your involvement in or knowledge of a crime, they must read you your “Miranda warnings” and tell you that that you have the right to remain silent and that you have aright to speak with an attorney before you answer any questions. Miranda only applies to questioning.

Bail: Bail is money that is given to the Court to hold while your case is pending to guarantee that you will show up to court when you are suppose to. You are allowed to post bail while your case is pending except in cases of first degree murder and violation of probation or a violation of Pre-Trial Release conditions. The amount of bail usually depends on the local bail schedule which is based on the seriousness of the crime you are charged with. The judge may lower the bail amount if your attorney shows that you are unlikely to run (e.g. That you have strong ties to the community by way of a steady job, family, etc.). You can get all of your bail money back at the conclusion of your case.

Bail Bond: Money that is given to the court by a “bondsman” to guarantee that you will show up to court when you are supposed to. A Bondsman is a person who charges a fee (usually 10% or 15%) for posting the bond. If you do not appear in court when you are suppose to, the bondsman may lose his or her money or property. Usually the bondsman will look for you and bring you back to court, forcefully if necessary, in order to get their money back.  

Charge: A Formal accusation of criminal activity. The prosecutor decides on the charge after reviewing police reports, witness statements and any other evidence of wrongdoing.

Plea Bargaining: Plea Bargaining may start at any time, but generally, your lawyer will wait until he or she sees all the evidence against you. Sometimes the prosecutor will only hold a plea offer open for a short period of time which may be before discovery is concluded. Plea bargaining may continue even until trial. Be aware that in many cases there are sentencing guidelines that control how long or short a sentence may be imposed for any given type of crime. Your lawyer cannot change these guideline but he or she may be able to negotiate a different type of charge or fewer charges which carries a lesser sentence.

Plea Bargain: A negotiation between your attorney and the prosecutor. The defendant usually pleads guilty to a lesser charge or no contest to the charge, or fewer charges in exchange for guaranteed sentence that is shorter than what you could get if convinced at trial.

Reading Your Rights: At some point the police should have told you that you have the right to remain silent. That anything you say can be used against you and that you have the right to speak to with an attorney. The police should have also told you that if you cannot afford an attorney one will be provided for you. It is important for your attorney to know when this happened.

Indictment: If you are charged with homicide the prosecutor may seek an indictment. After you are arraigned and learn what you were officially arrested for, the prosecutor will show all their evidence to a grand jury (similar to a regular jury.) This is an entirely one-sided proceeding. Neither you nor your lawyer are allowed to participate. If the grand jury believes there is enough evidence against you, it will issue an indictment against you. The indictment (silent "c") is the formal charge or charges against you.

Discovery: After there are formal charges against you, you have a right to see all the evidence that the prosecutor has and you (through your attorney) have the right to question witnesses. This process may take several months. Towards the end of the discovery period your lawyer and the prosecutor may begin to negotiate or bargain the charges against you. This is called “plea bargaining.”

Trial: If the grand jury hands down an indictment or you are formally charged by the State and your lawyer is unable to negotiate a plea with the prosecutor, there will be a trial. In a trial, the prosecutor goes first and tells their whole case to the jury, witnesses for the prosecution are heard and evidence against you is presented. After the prosecutor is finished, your lawyer will tell your side of the story. Your lawyer will get the chance to question each of the prosecutor’s witnesses and each item of evidence presented against you. Your lawyer may use any one of a number of different strategies to defend you at the trial. This will all be discussed in further detail at a later date if your case reaches that point.

Sentencing: If you reach a plea bargain and the Judge accepts the plea the Judge will sentence you accordingly. If the jury finds you guilty it is up to the judge to determine what your sentence will be. The sentencing usually happens a few weeks after the trial ends but sometimes happens immediately after trial.