Restitution - The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Sentence - The length and conditions of punishment given by the court if the defendant is found guilty or pleads guilty. Statute of limitations - The specified period during which a civil action or criminal charge can be made. Subpoena - A written command for a person to appear at a certain place and time to give evidence in court about a crime or other legal matter.
Also called a summons. Trial - A court proceeding in which testimony is presented to a judge or jury to determine whether the defendant is guilty of committing a crime.
Venue - The place where the trial will be held normally in the district in which the offense was committed. Victim - A person who has physically, financially, or emotionally suffered from the commission of a crime by another.
Victim Impact Statement - A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing. Attorneys' Offices. White-collar crime - A nonviolent criminal act involving deceit, concealment, subterfuge, or other fraudulent activity.
This file is provided for reference purposes only. It was current when produced, but is no longer maintained and may now be outdated. Again, victims and witnesses have the right to be present in the courtroom and may not be excluded during any court hearing or trial unless, upon motion, their presence is determined to be prejudicial by the Judge.
This option should be discussed with the prosecutor in the case. Statewide sentencing guidelines became effective on October 1, These guidelines provide a range of recommended sentences for all felony cases. The court must sentence according to these guidelines unless the court states a clear and convincing reason why it chooses to sentence outside the guidelines.
The sentencing of misdemeanor offenses remains the discretion of the trial judge. The trial judge in misdemeanor matters may impose any sentence up to the maximum allowed by state law. As a victim, you have the right to be present at the sentencing of the defendant. Please advise the prosecutor of your desire to be present so you will be notified.
At said hearing, you may address the court to state your feelings concerning the impact of this crime on your life, necessary restitution and desired sentencing. Should you choose not to make an oral statement, you may submit a written statement to the prosecutor prior to sentencing to be read into the record. At sentencing, the court may order a defendant to pay restitution for the damage or loss caused by a crime.
If ordered as a condition of probation or community control, the appropriate probation officer will supervise the payment of restitution. Therefore, your obligation is to keep current your address with the proper agency. See page 25 for information. If the sentence is solely incarceration, the judge may order restitution as a civil judgement. Information on enforcing said civil lien or judgement may be obtained from the office of the Clerk of Court. If the accused is a juvenile and is immediately arrested, the release procedure is somewhat different from adult court.
Juveniles charged with misdemeanors and many other nonviolent crimes are frequently immediately released to the custody of their parents or other custodians. Juveniles who are charged with more serious offenses and are not released will attend a detention hearing within 24 hours. At the detention hearing it will be determined if the juvenile is to remain in secure detention or is to be released to a home detention.
Detention hearings are conducted seven days a week. Final Outcome? Getting a Lawyer Charging procedure can differ significantly between federal and state court, from one state to another, and even between locales within the same state.
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Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case. Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. Legal Elements of Common Crimes. Expungement and Criminal Records.
Should I just plead guilty and avoid a trial? Is the public defender a real lawyer? Can I change defense lawyers after I've hired one? How long after arrest do I find out what the charges are? See All Common Questions. It helps if you understand the process so that you know what to expect and so that you can make reasonable decisions. The U. Constitution requires that suspects and those in custody be told these crucial warnings.
The Miranda warnings typically advise you that you have the right to be silent and that anything you say may be used against you in a court of law. Miranda warnings also include being told that you have a right to a lawyer. It is important that you follow the Miranda warnings. You should call your lawyer as soon as possible. Once a lawyer is retained, the lawyer will guide you through each stage of the prosecution.
After the arrest, the person suspected of committing a crime will be booked — usually at the police station or at a local jail. The following things happen at the booking:.
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