| Legal Terms Defined The following is a list of common legal terms.
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. Disposition hearing: 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, as opposed to what the information the testifier knows personally. 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. Class A misdemeanors are more severe than class B or C misdemeanors. Likewise, class B misdemeanors are more severe than class C misdemeanors. If convicted of a misdemeanor, it is possible that an offender may be sentenced to serve a jail sentence in the Weber County Jail. 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 of the crime(s) he or she is accused of committing.
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 in some specific matter. Plea bargain: the process where a defendant and a prosecutor in a criminal case work out a mutually acceptable resolution to the case. Plea: a defendant’s formal declaration regarding his or her guilt or innocence in a criminal case. Plea in abeyance: a guilty plea suspended for a probationary period during which a defendant may have the case dismissed upon completion of certain criteria. Preliminary hearing: a hearing where a judge determines whether a person charged with a crime should be held or “bound over” for trial. Pre-sentence report: a report summarizing the pre-sentence evaluation that is meant to help judges determine appropriate sentencing. Pre-trial conference: conferences held, after the filing of criminal charges, to promote a fair and expeditious trial. During these conferences, the case status is discussed to determine whether everything is in proper order. Probation: a sentence allowing the conditional release of the convict into the community under the supervision of a probation officer and requiring that certain criteria be met. It is meant to help the rehabilitation of the offender.
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R Restitution: money that an offender is ordered to repay as part of his or her sentencing terms when a victim has suffered a monetary loss caused by the criminal act in question.
S Search warrant: a written order, from a judge to a law enforcement officer, authorizing the law enforcement officer to search for and seize any property that is evidence of the commission of a crime or that may be used to commit a crime. Sentence: the judgment pronounced by a judge or jury after a defendant has been convicted of a criminal act. A sentence can range from a fine and probation to incarceration or the death penalty. Statute: a particular law established by a legislative body defining whether or not certain actions are appropriate. Suppression hearing: a pretrial hearing where a defendant tries to prevent evidence from being introduced into criminal cases – based on the idea that the evidence was obtained illegally.
T Trial: a judicial review and decision resolving a dispute of fact between two parties.
W Warrant for arrest: a written order, from the court to a law enforcement officer, to arrest a certain individual and bring them before the judge or magistrate.
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