Legal Terms & Definitions

A list of Legal Terms Defined

A

Appeal: a request to a higher court to review the decision of a lower court.

Arraignment: a hearing where a defendant is informed of the criminal charges filed against him or her.

B

Bench trial: a trial held before a judge without a jury. The judge makes the final determination as to whether a defendant is guilty or not guilty.

Beyond a reasonable doubt: the idea that the proven facts of a case establish guilt.

Burden of proof: in criminal cases, the state must prove all the elements of a crime beyond a reasonable doubt.

C

Change of plea: when a defendant decides to change a previously entered plea.

Charge: an accusation that a person has committed a crime.

Citation: a police-issued order to appear before a judge or magistrate at a future date.

Contempt of court: any act intended to hinder a court’s ability to pursue justice or lessen the court’s authority.

D

Decision to preliminary hearing: A pretrial hearing to determine if a preliminary hearing will be held.

Defendant: the person accused of committing a crime.

Dismissal: an order or judgment disposing of an action or case without a trial.

Docket: a brief summary of a court proceeding.

E

Expungement: a process where a criminal conviction is erased or sealed after passage of time.

F

Felony: a crime that is more serious than those classified as misdemeanors. If convicted of a felony, offenders may be sentenced to serve prison terms in the Utah State Penitentiary.

G

Guardian ad Litem: a person designated to represent a child in a case.

Guilty verdict: a formal decision by a jury that they find a defendant guilty of the charged offense.

H

Hearing: a formal court proceeding before a judge.

Hearsay: testimony relating information that someone else has told the person testifying.

Hung jury: a jury that cannot agree upon a unanimous verdict.

I

Initial appearance: the first appearance of a defendant before a judge.

J

Jury selection: the process of selecting jury members.

M

Misdemeanor: a criminal offense that is less serious than a felony. In Utah, there are three classes of misdemeanor: class A, class B, and class C.

Mistrial: a trial which has been terminated prematurely due to a prejudicial error.

N

Not guilty verdict: a verdict rendered by a jury acquitting the defendant.

O

Order to Show Cause: a court order to appear and explain why a certain action should or should not be excused.

P

Petition: a formal written application asking for judicial action.

Plea bargain: the process where a defendant and a prosecutor work out a resolution.

Plea: a defendant’s formal declaration of guilt or innocence.

Plea in abeyance: a guilty plea suspended during probation.

Preliminary hearing: a hearing to determine if a defendant is bound over for trial.

Pre-sentence report: a report to assist in sentencing.

Pre-trial conference: meetings held to promote a fair trial.

Probation: conditional release under supervision.

R

Restitution: money an offender is ordered to repay a victim.

S

Search warrant: authorization to search and seize property.

Sentence: punishment imposed after conviction.

Statute: a law enacted by a legislative body.

Suppression hearing: a hearing to exclude illegally obtained evidence.

T

Trial: judicial review resolving a dispute of fact.

W

Warrant for arrest: a written court order authorizing arrest.

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