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Defendant's Glossary

NY Criminal Defense
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Criminal Glossary

This guide is published by the Storobin Law Firm in order to help viewers learn about cases in New York criminal court. It is not intended to be legal advice, merely a way to help you understand your needs as your case moves along in New York Criminal courts. All the information, including the law, procedure and penal code is believed to be accurate, but can't be guaranteed due to possible changes and errors. The guide is for information and entertainment purposes only with the express expectation and agreement by the readers that it will not be acted upon in any way. No attorney-client relationship exists or can exist based on the offering of the information in this guide. We strongly suggest you retain the services of a competent criminal defense lawyer to defend your rights.


For a free consultation with a criminal attorney, you may call (800) 391-8392.


acquittal: A decision by the trial jury or judge that a person is not guilty of an offense.

adjournment: Postponement.

affirmance: A decision by an appeals court that upholds the decision of a lower court.

alternate jurors: Extra jurors chosen to substitute regular jurors if they become unavailable to serve during the trial.

appeal: A request for review by a higher court of proceedings in the trial court or lower appellate court.

appearance: Being present in court during scheduled date and time.

appellate judges: Judges that decide an appeal.

appellate argument: An appeal is orally argued before appellate judges.

application for a stay: A request to be released while an appeal is pending.

arraignment: A court proceeding at which a person is informed of the charges against him or her.

arrest: Being taken into custody by the police without the right to leave.

bail: Money ordered to be paid to the court in exchange for release from jail while a criminal case is pending.

bench warrant: A court order to arrest a defendant who fails to show up in court on a scheduled date.

beyond a reasonable doubt: The burden of proof that the prosecutor must meet at criminal trial in order to prove that a person is guilty of an offense.

brief: A written legal argument.

calendar part: A courtroom where a case is scheduled for further proceedings after the arraignment but before trial.

calendared: Setting a date for court action to occur in a case.

Central Booking: Police Department office where fingerprints and photographs are taken after an arrest.

challenge for cause: A motion by the criminal defense lawyer or the prosecutor to excuse a juror from serving on a jury because he or she could not be fair or for some other reason allowed by law.

charge: Accusation against a defendant.

complaint: Verified written accusation by a person.

concurrent sentences: Sentences that are served at the same time.

conditional discharge: A sentence allowing for release from jail without supervision by the Department of Probation, but which requires compliance with conditions set by the court.

consecutive sentences: Sentences that must be served one after another.

conviction: A finding of guilt of an offense, following either a guilty plea or a trial verdict.

Court of Appeals: The highest court in New York State, located in Albany, New York.

Criminal Court: The court where criminal proceedings begin. Misdemeanor cases remain in this court, while felonies are moved to the Supreme Court after the defendant has been indicted.

Criminal Justice Agency (C.J.A.): An organization whose employees interview individuals who have been arrested to find out about their backgrounds in order to help judges decide whether to set bail, order release without bail (R.O.R.), or order confinement in jail while a case is pending. Their recommendation is not binding and is merely one of the factors that the judge will consider in deciding whether to release the defendant without bail, issue a bail requirement for release or keep the defendant in jail without bail.

cross-examination: Questioning of a witness by the lawyer who has not called the witness.

defendant: A person who has been charged with a crime.

defense: Evidence or arguments presented on behalf of a person accused of an offense.

deliberations: A secret meeting at which the jury considers the evidence presented at trial to decide if a person is guilty of charged offenses.

Desk Appearance Ticket ("D.A.T."): A document that charges a person with a violation. The ticket requires one's appearance at a specific court at a specified time.

direct examination: Questioning of a witness by the lawyer who called that witness.

discovery: A process lawyers use to find out information about a case. It takes place before trial.

evidence: Testimony and exhibits introduced at a hearing or trial.

exhibits: Physical evidence introduced at a hearing or trial.

felony: An offense which is punishable by a sentence of imprisonment of more than one year.

felony complaint: The first document filed with the court that sets out the initial charges in a felony case.

fine: A sentence that requires the payment of money.

fingerprint report (rap sheet): A summary of a defendant's prior and/or currently pending arrests and convictions.

guilty plea: a plea Where a defendant admits to having committed a charged offense.

grand jury: A group of citizens who decide if the prosecutor has enough evidence to pursue felony charges against a person.

hearing: A court proceeding where testimony is given, exhibits are reviewed, and/or legal arguments are made, to help a judge decide an issue in a case.

homicide: An offense involving the killing of one person by another.

hung jury: A term used to describe a trial jury that cannot reach a unanimous verdict. indictment: A document that contains at least one felony (and perhaps also misdemeanor) charges that were voted by the grand jury.

jurors (jury): A group of citizens who decide at trial if a defendant is guilty or not guilty of charges.

jury box: where jury is seated.

jury charge or jury instructions: Explanation of the law read by the judge to the jury.

jury panel: A large number of people from whom the jury is selected.

Juvenile Offender (J.O.): A person who is sentenced for certain kinds of felony offenses that were committed when the person was between 13 and 15 years old.

life imprisonment: Sentence of imprisonment for the rest of the person's life. Parole may be possible in many cases.

life imprisonment without the possibility of parole: Sentence of imprisonment without the possibility of release.

misdemeanor: An offense punishable by up to one year in jail.

misdemeanor complaint: A document filed with the court that sets out the initial charges in a misdemeanor case.

mistrial: A decision by a judge to end a trial before a verdict is reached. A new trial may result in certain cases.

motion: A request for a judicial order.

objection: A request to a judge for an order prohibiting or excluding certain evidence or testimony.

opening statement: Argument to the jury or judge made at the beginning of a trial.

People's appeal: An appeal brought by the prosecutor.

peremptory challenge: A motion to excuse a juror from serving on a jury without any reason given.

plea bargain: An agreement between a defendant and a prosecutor, in which the defendant admits guilt, usually in exchange for a promise that a particular sentence will be imposed. The plea bargain must be approved by the judge and is often subject to statutory guidelines.

post bail: pay the required bail.

pre-sentence memoranda: Documents prepared by the prosecutor and the criminal defense lawyer to help the judge determine a sentence.

pre-sentence report: Department of Probation report containing information to help the judge determine a sentence.

preliminary hearing: A hearing upon a felony complaint.

probation: A sentence that does not involve prison, but requires compliance with certain conditions for a specified period of time under the supervision of the Department of Probation. Sometimes may be issued in combination with a jail sentence, which is called a "split".

Probation, Department of: An agency that prepares a written report concerning a defendant's background and the circumstances surrounding the offense. The Department of Probation also supervises defendants sentenced to probation.

probation officer: An employee of the Department of Probation who prepares pre-sentence reports and supervises defendants placed on probation.

prosecutor: A lawyer who represents the government in criminal cases (also known as the assistant district lawyer or A.D.A., the People, or the prosecution).

rap sheet (fingerprint report): A summary of a defendant's prior and/or currently pending arrests and convictions.

rebuttal: Evidence or argument made in response to an argument.

remand or remanded to custody: To be sent to jail.

remit: An order by an appeals court sending a case back to a lower court for further proceedings.

restitution: A sentence that requires the payment of money to a victim.

reversal: A decision by an appeals court that rejects the decision of a lower court.

R.O.R. (release on recognizance): To be released from jail without bail while a case is pending.

sentence: A punishment imposed by a judge following a conviction.

sentencing: A court proceeding at which a sentence is imposed.

split sentence: A jail sentence followed by a period of probation.

summation: Closing argument made at trial.

Superior Court Information (S.C.I.): A written accusation filed by the prosecutor containing felony and perhaps also misdemeanor charges.

suppression order: A court order that prohibits the admission of specific evidence at trial.

Supreme Court-Criminal Term: The court where cases involving felonies are heard.

surcharge: A payment of money that is required upon conviction.

surrebuttal: The stage of the trial when a party may offer evidence in response to rebuttal evidence.

sworn oath: A promise to tell the truth whereby lying may be a crime punishable under New York Criminal Laws.

temporary order of protection: A court order that forbids a person from contacting or being in the presence of a specific person for a specified period of time.

testify (testimony): To speak under oath.

transcripts: Official record of everything that is said in court.

trial: A court proceeding at which a judge or jury decides whether a person is guilty or not guilty of the charges against him or her.

unconditional discharge: A sentence which does not require either any imprisonment or conditions.

vacate: To cancel a court order. A vacated court order has no legal effect.

verdict: The trial judge or jury's decision as to whether a person is guilty or not guilty of charged offenses.

violation: A non-criminal offense punishable by up to fifteen days in jail and/or a fine.

waive: To give up a legal right.

well: The section of the court containing the tables at which the defendant, prosecutor and lawyers sit.

Youthful Offender (Y.O.): A person who is sentenced for an offense that occurred when the person was fourteen, fifteen, sixteen, seventeen, or eighteen years old.

Storobin Law Firm PLLC

14 Wall Street, 20 Fl.

New York, N.Y. 10005

phone: (800) 391-8392

fax: (800) 391-7207

Storobin Law Firm PLLC

111 Livingston St, #1110

Brooklyn, N.Y. 11201

phone: (800) 391-8392

fax: (800) 391-7207

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