Understanding the legal system can be rather difficult, largely due to the use of unfamiliar terminology.  Prosecutors, judges, court clerks, police and defense attorneys use plenty of language in court that almost seems like a foreign language.  In an effort to help clients better understand the legal system and court process, I will explain some of the language frequently used in court that might be unfamiliar.  Some of these terms may be familiar to you from television or actual courtroom experience, and some may seem brand new.  If you still have questions about the meaning of some legal terminology or questions about your specific criminal defense case, contact the Law Offices of Nicholas Loncar now for a Free Consultation.  818-646-8788.

ARRAIGNMENT - The arraignment is usually the first court date in a criminal case.  It is where the prosecution presents the charging document (known as a "complaint") and the defendant enters a plea.  At this stage, the plea will usually be "Not Guilty" and the case will then be set for its next court date.  At this stage, defense counsel will receive the police reports and other evidence that the government has received from the law enforcement agency that investigated the alleged crime.

O.R. / OWN RECOGNIZANCE - While bail is frequently required for a defendant to remain out of custody during the course of a criminal case, the court may also grant a defendant what is known as an "Own Recognizance" or "O.R." release.  This permits the defendant to remain out of custody without having to pay money to the court or a bail bondsman.  Bail is supposed to be to secure a defendant's availability in court.  If the defense can show that the defendant is not a "flight risk" or a danger to the community, then bail may be lowered or an O.R. may be granted.

DISCOVERY - Discovery is the process by which parties to litigation exchange information and evidence before trial.  In a criminal case, the government must disclose all of its evidence to the defense, and the defense must disclose most of its evidence to the prosecution.  At arraignment, the government will typically give the defense attorney all police reports, lab results and other paperwork relating to the case.  If the defense believes the prosecution or law enforcement agency has in its possession additional evidence, then a "Discovery request" is made.  If the government fails to comply with the discovery request, defense counsel can file a formal motion to compel discovery.

INVESTIGATION - The police and prosecution's investigators conduct investigation before filing a case and will document their findings in police reports.  The defense is entitled to, and typically should, conduct its own investigation.  Some investigation is simple enough for the attorneys to handle on their own, but it is often necessary and beneficial to have a private investigator question witnesses, look for surveillance footage that might be favorable to the defense, look into alternate theories, other suspects, etc.  Thorough investigation can make a huge difference in a criminal defense case, sometimes leading to a dismissal of the charges, or a preliminary hearing or trial victory.

PRE-TRIAL CONFERENCE - A pretrial conference is a court date in a misdemeanor or felony court case, where the defense and prosecution have an opportunity to discuss the case, negotiate a plea bargain and handle discovery issues.  Because so few cases go all the way to trial, most cases will have at least one, but frequently more, pretrial conferences.

EDP / EARLY DISPOSITION HEARING - This is a type of pretrial conference used in felony cases in Los Angeles.  Held after arraignment, but before the preliminary hearing, the prosecution will usually make an "offer" at this stage.  In some cases, this may be the best offer that the prosecution makes, and other times a better offer may come after the preliminary hearing.  Each case is different and it is important to discuss the specifics of your case with your attorney prior to accepting any plea deal.

I/O / INVESTIGATING OFFICER - After an arrest or a tip to law enforcement, most law enforcement agencies will assign a case to a detective who conducts additional investigation.  These officers will follow-up on any information received from the arresting officers, victims or witnesses.  They frequently conduct witness interviews, line-ups, and other investigation. 

PROBATION SENTENCE - A "probation sentence" means that part of the terms of the sentence will include probation (typically 3 years in Los Angeles).  In a felony case, a probation sentence means that the defendant is not being sentenced to time in prison, but may be sentenced to up to 365 days in county jail as a condition of probation.  In misdemeanor cases, there may be some jail time associated with a probation sentence, but it is typically less time than the defendant would get if probation is not granted.

"JOINT" SUSPENSION / SUSPENDED SENTENCE - "Joint" Suspension is a type of probation sentence in felony cases.  In all felony probation cases, the prison sentence is suspended, meaning that it is not imposed, but can be upon a violation.  When a defendant violates his/her felony probation, they may be sentenced to additional jail time or to prison.  What makes a "Joint" Suspension different is that the sentencing judge has already selected a prison term to be executed upon a violation.  This means that a defendant who has a suspended sentence is much more likely to end up in prison for any violation.  What makes a "Joint" suspension appealing is that it gives a defendant an opportunity to avoid prison.  Prosecutors like it because it provides more motivation for the defendant to be successful on probation. (more)

MOTION - When an attorney (or pro per) requests that the court make a certain ruling or court order, the process is called a motion.  A party may "move" the court to dismiss a case, suppress evidence, grant an order to inspect evidence, grant an order for a lineup and much, much more.  (more)

EVIDENCE - Evidence is a much broader term than most people believe.  Defense attorneys frequently hear from clients that there is no "evidence" against them, when in fact a case can be quite strong.  Physical evidence, such as a weapon, fingerprint, cuts and bruises, are just one type of evidence.  Testimonial evidence, i.e. the testimony of a victim or witness, is strong evidence that the government can use to make its case.  There need not be video footage or physical evidence of a crime if credible witnesses can testify against the defendant and prove every element of a crime that way.  All evidence can be challenged by the defense, and testimonial evidence can be challenged by directly contradicting testimony and calling into question the declarant's credibility.  The rules of admissibility of evidence are quite complex, with the "hearsay" rule being among the most misunderstood.

HEARSAY - Hearsay is one of the most misunderstood concepts in all of the law.  Difficult for law students and even some attorneys, the hearsay rule and its exceptions are quite complex and numerous.  Hearsay is, generally, an out of court statement offered by someone other than the declarant to prove the truth of the matter asserted.  Therefore, someone testifying in court to what they personally observed, or to what they themselves previously said is NOT hearsay.  What generally is hearsay, is when someone is a witness and begins to repeat a statement made by someone else.  For example, a police officer may not testify at trial and say "the witness told me that the defendant had a gun."  Instead, the witness must give that testimony.  The complexity of this rule requires criminal defense attorneys to have a strong grasp of the evidence code and to be able to think on their feet and quickly make the proper objections at a hearing or trial.

PLEA BARGAINING - Plea bargaining is an important part of the criminal justice process.  With the high volume of criminal cases, a small percentage will go all the way to trial or be dismissed.  This means that most cases will result in a guilty or no contest plea.  Here, it is a defense attorney's job to work out as favorable a disposition as possible, taking into account the client's particular needs and interests (e.g. effects on immigration, licenses, jobs, etc.).  Preparing to go to trial, filing motions and presenting mitigating evidence can all help result in a better outcome.

"FOURTH WAIVER" - A common probation term, a "Fourth Waiver" means that a person on probation must submit to search when requested by law enforcement.  Generally, we have a Fourth Amendment right to be free from unreasonable searches and seizures, but people on probation or parole usually give up this right as a condition of probation.

SUPPRESS EVIDENCE - When evidence is obtained in violation of a defendant's Fourth or Fifth Amendment rights, a motion may be filed to get the judge to throw the evidence out.  Without the necessary evidence, the prosecution may be forced to dismiss the case or at least offer a reduced charge.  Police can violate rights by performing unlawful searches or unlawful interrogation of a suspect.  The courts protect these rights by throwing out resulting evidence when it is found. 

PRELIMINARY HEARING - A preliminary hearing is like a mini-trial, that takes place early on in the process of a felony case.  At this stage, the government has a low burden, and must show that there is enough evidence for the defendant to be held to answer.  This stage gives the defense an opportunity to get the case dismissed, file motions, and question the arresting officers and other witnesses.  The government's low burden at this stage means that cases are rarely dismissed at this stage, but it may be possible to reduce some charges, bring out favorable evidence and lock witnesses in to their sworn testimony before trial.  (more)

NO CONTEST - A plea of "No Contest" of "Nolo Contendere" is similar to a guilty plea, and will be treated as a guilty plea by a criminal court.  The difference is that in most misdemeanor cases, a plea of "No Contest" cannot be used against a defendant in a civil proceeding arising out of the same set of facts.  For example, if someone is involved in a DUI accident and is charged criminally, a "No Contest" plea will lead to a conviction in court, but cannot be used to establish liability in a civil case surrounding the damage to another vehicle.

Being arrested and charged with a crime is a scary, stressful process.  It can have serious consequences, and it is advised that you consult with an experienced, knowledgeable and passionate criminal defense attorney.  If you have been arrested or charged with a crime, contact the Law Offices of Nicholas Loncar for a Free Consultation with a Los Angeles Criminal Defense Attorney.