Appeal

The formal request to an appellate court to review the ruling made in a lower trial court to determine if that court's decision is accurate.

Appellate Court

The court that hears cases (that have been previously decided by a trial court) to determine if the trial court made the correct decision.

Arraignment

Typically the first appearance for a person either charged with a crime or cited into court by a police officer. A defendant's first opportunity to hear the charges they are accused of and their rights under the state and federal constitutions.

Beyond a Reasonable Doubt

The standard of proof by which a criminal defendant is found guilty of committing a crime.

Contempt of Court

An accusation made that a person has violated a court order.

Court Order

The court's written ruling defining the parties' rights and responsibilities regarding the subject of the order. May be drafted by an attorney and signed by the court.

Cross Examination

The questioning of other parties witness at trial to elicit the credibility and weakness of the witnesses' testimony. The scope of cross examination questions are limited to the questions that were asked during a direct examination. New issues may not be introduced and asked of the witness on cross examination.

Defendant

The person against whom criminal charges have been filed.

Discovery

A term used to refer to the fact finding process used to uncover information, gather records and determine if disclosures are valid

Domestic Violence

Physical abuse or threats of abuse occurring between members of the same household or people who have been physically intimate

Evidence

Documentation or proof presented to a judge or jury to prove someone's innocence or guilt through witnesses, records, documents, exhibits, etc.

Expert Witness

An individual with particularly relevant experience or education who is retained to be a witness in providing evidence to a judge or jury on the strength or weakness of evidence or some other information which would assist the trier of fact in determining guilt or innocence.

Expunction or Expungement

A process by which a person's criminal arrest and/or conviction is erased from their record.

Federal charges

Criminal charges brought by the federal government for violation of federal statutes.

Fee Agreement

An agreement or contract between a client and an attorney which sets out the nature and scope of the contract services between them.

Felony charge

A criminal charge punishable by 5-25 years in prison and a fine of up to $500,000.00. Classified as an A, B, or C felony.

Forfeiture

A process by which a person accused of a crime may be divested of their ownership in their property.

Grand Jury

A secret process by which the prosecutor presents evidence to a panel of people from the community to determine criminal charges (typically felonies) against someone

Habeus Corpus

A writ filed by an incarcerated person collaterally attacking their imprisonment and seeking to be brought before the court to address release.

Information

Charging instrument for misdemeanors and some felonies filed by the prosecutor

Jail

Incarceration in a local county facility while either awaiting resolution of charges or serving a sentence after conviction for a crime.

Jury

Those person selected to serve as the determiners of the facts of a case and the guilt of a defendant.

Jury Selection

Also called Voir Dire. The process by which a panel of citizens from the community are selected to be the determiners of the facts of a case and guilt of a defendant.

Measure 11

Refers to a ballot measure that requires 15, 16, and 17 year olds (juveniles) who commit certain serious felonies to be automatically tried as an adult and requires lengthy mandatory prison sentences for those same crimes.

Miranda warning

A warning given to people who are subjected to custodial interrogation by a police officer

Misdemeanor

A criminal charge in which the maximum penalty is up to one year in jail and fine of up to $6,250.00. Classified as an A, B or C misdemeanor.

Motion

A request of the court to do something

No Complaint

A charging decision made by the prosecutor to not prosecute at the current time.

No Contact Order

An order imposed by a court either during the pendency of a criminal case or after conviction prohibiting the defendant from having contact with a particular place or person.

Pardon

A process by which a person may petition the governor or president of the United States for absolution from past convictions.

Parole

Release from jail, prison or other confinement after actually serving part of their sentence.

Physical Evidence

Material objects presented to a judge or jury as proof of some relevant matter before the court.

Plea

A defendant's response to criminal charges (guilty, not guilty or no contest)

Plea bargain or agreement

The process by which a criminal defendant and the prosecutor work out a mutually agreed upon disposition of a case subject to the court's approval.

Post-Prison Supervision

Supervision of a defendant after release from prison or other confinement after serving part of their sentence.

Preliminary Hearing

The hearing by a judge to determine whether there is probable cause to believe the defendant has committed a crime and should be held for trial.

Pretrial Conference

A court date in which the defendant has the opportunity to enter a plea of guilty and be sentenced or maintain his/her innocence and obtain a trial date. (Varies drastically from county to county in Oregon)

Prison

Incarceration in state facility for sentences over one year.

Privilege

A statutory right to speak to another individual in which your conversation is deemed to be protected. This is a limited privilege such as attorney/client privilege that has specific requirements and exceptions.

Probable Cause

A reasonable ground for belief that a person committed a criminal act. The standard by which a person is charged with a crime.

Prosecutor

A representative of the State who brings charges against those they believe have violated state statutes.

Release Agreement

An Agreement signed by a criminal defendant in exchange for their release from jail.

Release Hearing

A hearing held to determine under what conditions a person accused of a crime may be released from jail pending outcome of their criminal charges.

Restraining Order

An order of the court which forbids a person to do specified acts.

Retainer

A sum of money paid to an attorney for legal representation.

Rules of Evidence

Rules of court which govern the admissibility of evidence at trials and hearings.

Search Warrant

An order issued by a judge which authorizes law enforcement agencies to search for and seize any property that constitutes evidence of a crime.

Sentencing

The post-conviction stage of a criminal proceeding where the court imposes a punishment or penalty on a defendant as a consequence of their conviction.

State charges

Charges brought based on violation of state law.

Subpoena

A document which commands a person to appear at a certain place and time to give testimony on a matter.

Testimony

Evidence given under oath by a witness as to the facts of a case.

Trial

A court proceeding designed to present evidence to a judge or jury for determination of the guilt or innocence of a criminal defendant.

Vacated

An order of the court canceling or rescinding a prior order of the court.

Verdict

A formal decision as to the guilt or innocence of a criminal defendant by either a judge or jury.

Victim

The person who has been either hurt or damaged in some way as a result of a criminal act.

Warrant of Arrest

A written order of a court which commands law enforcement to arrest a particular person.

Witness

A person who testifies under oath as to what they saw, heard or otherwise observed regarding a particular event.