Acquittal
The defendant is found ‘not guilty’ and the charges are dismissed by the court. The Commonwealth cannot appeal a judge’s or jury’s acquittal.

Arraignment
This is the first appearance that the defendant makes in court. During this appearance, the judge advises the defendant of the charge(s) against him, appoints an attorney if the defendant cannot afford to hire one on his own and, finally, sets a trial date.

Continuance
A continuance is a temporary postponement of the case. Only the judge presiding over the case may grant a continuance. Either the prosecution or the defense may request a continuance. Should the judge grant a continuance, the court will then reschedule the trial date. Should a continuance be granted prior to the date of trial, every effort is made to reach a witness who has been subpoenaed to advise them not to come to court.

Conviction
The defendant has been found guilty by a judge or jury. Once convicted, or found guilty, the person is then sentenced or punished for their crime.

Capias
A court order to apprehend (arrest) a person for not appearing in court when they were subpoenaed to so appear.

Felony
A serious crime which carries a possible sentence or punishment of one year or more in the state penitentiary.

Grand Jury
A group of usually six (6) citizens, randomly selected, used to determine the validity of the charges against a defendant. Cases reach the grand jury either by being “certified” from the lower courts or by direct indictment brought by the Commonwealth’s Attorney.

Usually the only person to testify before the grand jury is the law enforcement officer involved in the case. However, if the criminal warrant is taken out by a private citizen instead of a law enforcement officer, that person will be required to appear before the grand jury to testify. A defendant is not found guilty or not guilty during the grand jury proceeding. It is only a determination by the grand jury that the charges have validity.

If the grand jury validates the charges, they certify the indictment to the circuit court, which is also known as “returning a true bill.”

Misdemeanor
A crime with a possible punishment of up to twelve (12) months in jail and/or a fine of up to $2,500.

Motion to Bond/Bail
Bail is the right to be released from custody prior to the trial under certain terms and conditions. When a defendant is arrested on a charge, the magistrate’s office sets the original bond amount for a defendant. The defendant may then request a bond hearing in which the judge reviews his current bond status and determines whether or not to reduce it.

Upon request, the victim has the right to be notified of such proceedings and may address the court. The victim may inform the court of any reason why the defendant should not receive a reduction, i.e., future threat to you or others, unemployed, unstable living conditions or flight risk. The victim is not required to appear at the bond hearing and, normally, the victims choose not to appear. The Commonwealth’s Attorney handles bond motions for the victim.

A defendant may appeal his or her bond if not satisfied.

Nolle Prossed
This is a request by the Commonwealth to discontinue the prosecution of a case at the present time. This may happen for a variety of reasons. Many times it occurs because the wrong charge was brought against a defendant or because the evidence is not sufficient enough to prove the case against the defendant. It may also occur whenever a material prosecution witness fails to show up for court and the Commonwealth cannot proceed to trial without that witness. (Please see section on Witnesses to find out the possible harsh consequences awaiting a witness who fails to show up for court).

A Nolle Pros does not mean that the case has been forever dismissed. It only means that the case is not being prosecuted at the present time. A prosecutor has the right to recharge a nolle prossed case within certain time limits for a misdemeanor. There are no time limits on a felony offense.

The judge, prosecutor, defendant, defense attorney and any victims and witnesses are present. In this hearing, a defendant will not be found guilty or not guilty. As its name advises, it is only a preliminary proceeding to determine if the charge is more likely than not to have occurred.

Normally, the Commonwealth’s Attorney will put on only enough evidence to convince the court that the crime occurred and that defendant committed the crime. The Commonwealth will not use all of its available evidence during this hearing. If the Commonwealth proves probable cause, the judge will “certify” the case to the grand jury.

Restitution
Literally means the “act of making good or restoring something to the rightful owner.” In a criminal case, this usually means reimbursing the victim of a crime for things such as medical bills, value of property stolen or damaged, or any other loss suffered as the victim of a crime. Restitution may be ordered by the court as part of defendant’s sentence. (Please see the section on Criminal Injuries Compensation for help with medical expenses).

Show Cause
A court order requiring the person served to appear in court and explain a prior absence in court or to explain the failure of the person served to follow other court instructions or orders. This applies to defendants, victims and witnesses alike. Punishment is in the discretion of the court.

Subpoena
A subpoena, also known as a summons, is a court order directing a person to appear in court on a certain date and time. Once you have been subpoenaed to court, you are required to appear as ordered unless and until you are excused by the court. Failure to appear may be regarded by the court as contempt.

If for whatever reason you are unable to appear in court on the date ordered, you must contact the Commonwealth’s Attorney’s Office or the Clerk of Court’s Office and notify someone. Only the court can excuse you from appearing once you have been subpoenaed, but failure to appear and failure to notify the court that you cannot appear may likely result in your own arrest even if you are the victim or only a witness in the case!

Trial by Judge
A court hearing where a judge determines the guilt or innocence of the defendant. The victim’s testimony is most always required. In General District Court and Juvenile and Domestic Relations Court, a trial by judge is the only option. In Circuit Court, if all parties agree, a case may be heard by a judge trial.

Trial by Jury
Only available to a defendant in circuit court. It is a court hearing by citizens, randomly selected, who determine guilt or innocence and, in most cases, recommend a sentence. A guilty verdict must be unanimous to convict a defendant. In a felony case, there are twelve (12) citizens sitting on a jury. In a misdemeanor jury trial, there are seven (7) citizens sitting on a jury. The victim is required to testify in a jury trial in most all cases.

Waiver of Preliminary Hearing
Anyone charged with a felony in General District Court or an adult charged with a felony in Juvenile and Domestic Relations Court may forego their preliminary hearing. This is known as waiving (or giving up the right to) a preliminary hearing. Once the preliminary hearing is waived, the witnesses are not required to testify in the lower courts and the case is sent directly to the grand jury at the circuit court level.