At Peter Johnson Law, we want our clients and community to feel empowered when navigating the justice system. Explore the basics of criminal law below.
A criminal investigation is when a law enforcement agency gathers facts and evidence about an alleged crime.
A person can report a crime by calling 911, going to the police, or filing a report.
A criminal investigation usually begins after a crime is reported or when a law enforcement officer witnesses suspicious activity.
Prosecutorial discretion refers to the choice a prosecutor has to file or drop charges.
An initial appearance is the defendant’s first court hearing.
A bail or detention hearing is a court hearing to decide if the defendant can be released before trial.
Bail is a payment directly to the court for the release of a defendant.
Bond is a form of agreement where a third party guarantees the payment if the defendant violates conditions of release. These terms are often used interchangeably.
Conditions of release are rules the defendant must follow (i.e., no travel, drug testing, etc. ).
An indictment is a formal charge issued by a grand jury.
A superseding indictment is a new indictment that replaces an earlier one.
A criminal complaint is a written charge, usually filed by a prosecutor.
A criminal complaint is filed by a prosecutor without a grand jury.
An indictment is a criminal charge approved by a grand jury.
A grand jury is a group of citizens who review evidence and decide on charges.
A preliminary hearing is a hearing where a judge evaluates the charges in a criminal complaint and determines whether there’s enough evidence (probable cause) for trial.
An arraignment is a hearing where the defendant hears charges, is advised of their rights, and enters a plea.
Yes. A prosecutor generally has the power to seek to dismiss a criminal charge after it is charged.
A plea agreement is an agreement between the prosecutor and the defendant where the defendant agrees to plead guilty in exchange for a lighter sentence.
Plea negotiations are discussions between the prosecutor and the lawyer for the defendant about resolving the case with a plea deal.
A pretrial motion is a request to the judge before trial (i.e., a request to suppress or exclude evidence).
A motion in limine is a request to keep certain evidence out of trial.
Jury instructions are the judge’s directions to the jury about the law.
A bench trial is a court hearing where a judge, instead of a jury, decides whether the prosecutor has proven beyond a reasonable doubt that the defendant committed the crime.
The jury’s role is to decide whether the prosecutor has proven that the defendant committed the crime beyond a reasonable doubt and, if not, render a verdict of not guilty.
The judge’s role in a criminal case is to say what the law is, apply the law, and ensure fairness.
A prosecutor is the attorney for the government in a criminal case.
A defendant in a criminal case is the person or entity that is accused of a crime.
A fact witness is a witness of a fact (e.g., saw or heard something about the alleged crime) and is able to testify under oath about that fact.
An expert witness is a witness that uses their expertise to explain something at trial (i.e., DNA evidence).
The court clerk works for the court to keep the case and court moving smoothly.
The court reporter keeps a record of everything that was said during the court hearing or trial.
