If you’ve been charged with a crime and find a court date fast-approaching, there will undoubtedly be a lot going through your head. One of those thoughts might be this: What are they talking about?
Even the most basic terms can throw a smart, informed person for a loop. Truth is, the law is long, tedious, and hard; its writers constructed it in a way that accounts for the meanings and proceedings of all concepts and then some. We’ve talked about this before in our blog, but TV and movies are not the best source for legal knowledge. They’re highly fictionalized and usually don’t provide the best context for the terms or concepts they use to make their script sound more professional. Instead of relying on word-of-mouth or entertainment, read on to learn 7 common and crucial terms to know when entering a courtroom.
1. Constitutional Rights
Now, of course, you probably have an obscure idea of what a constitutional right is—free speech, freedom of the press and religion, right to bear arms, and so on. But, how does the Constitution apply to the criminal justice process?
Look no further than Amendments Four, Five, Six, and Eight.
The Fourth Amendment establishes a person’s and their property’s protection from “unreasonable search and seizures,” or, in other words, violations of one’s right to privacy. You might’ve also heard the word warrant used in court or on the news before; the Fourth Amendment accounts for these, too. Courts issue warrants to law enforcement officials to prevent against unlawful searches after showing proof and cause that the search will produce evidence related to a crime.
You might actually be more familiar with the Fifth and Sixth Amendments from TV, incidentally enough. These cover your Miranda rights: the right to remain silent (in Constitution language, not being forced “to be a witness against” yourself), a fair trial, and an attorney (the Sixth Amendment covers this more explicitly). They also prohibit double jeopardy—or multiple prosecutions for the same offense—and guarantee the government can’t seize your property without paying you for it.
Finally, the Eighth Amendment protects against judges granting excessive bail and fines, along with “cruel and unusual punishment.”
Know going into a trial that you have rights and should use them; experienced attorneys know how your rights work in relation to the law.
2. Bail
Mentioned above, bail is money paid by the defendant so they can be released from jail prior to the court date. Leaving jail after paying bail comes with the defendant’s understanding that they must return to court for their specified date; if they don’t return, the defendant can be charged with bail jumping. Typically, there are additional conditions to release, as well.
3. Plea
A plea is your way of claiming a level of responsibility for a charge. There are three ways to plead: not guilty, guilty, or no contest.
Many aren’t aware of the differences between the latter two pleas. With a guilty plea, you admit guilt to the facts of the case and any legal consequences. A no-contest plea, on the other hand, means you do not admit guilt, but you do admit the truth of the case’s facts.
You might also know the term plea bargain; with these, a defendant can arrange a deal with the prosecutor for fewer charges in exchange for a guilty plea. Surprisingly, over 90 percent of criminal cases end in plea bargains.
4. Misdemeanors and Felonies
A few things determine the difference between a misdemeanor and a felony: the crime itself, its legal consequences, and short-term versus long-term consequences.
Misdemeanors include less severe crimes, such as traffic offenses, DUI/DWI-related charges, or theft under $1,000, to name a few. Though “less severe” than felony crimes, take these seriously; select misdemeanors can carry up to 10 years in prison and heavy fines. Keep in mind, criminal records follow you no matter the crime—misdemeanors, no less.
Felonies include more severe crimes, such as murder, assault, white collar crimes (securities fraud, wire fraud), or theft over $1,000. Unlike misdemeanors, a felony charge takes away your civil liberties and can limit your ability to get a job, buy a house, and drive.
5. Sentence
This one’s pretty straightforward: a judge’s punishment for a defendant convicted of a crime. Be aware of the three types of sentencing when it comes to how one might serve their sentence:
• Concurrent Sentence: sentences for multiple crimes that run together, served at the same time.
• Consecutive Sentence: successive sentences served after one another.
• Deferred Sentence: Postponement of a sentence to start in the future.
6. Probation
Probation outlines conditions for a convicted defendant’s freedom in the community. A judge may sentence to probation as an alternative to jail time. With probation, there could come living arrangements, job search, and drug test requirements, along with contact with court officers to show their adherence to the imposed conditions. If shown not to be in adherence to said conditions, the court may require the defendant to serve jail time instead of continuing the probation.
7. Parole
Parole is a privilege granted to a convicted person who has served a portion of their prison sentence. Similar in ways to probation, upon release, the justice system outlines its conditions for the parolee, many of which these not unlike those listed above.
However, parole isn’t allowed for everyone. Certain felonies have a maximum sentence without the possibility of parole. Even so, parole boards subject the records of those who are eligible to strict scrutiny and consider every aspect of the crime committed, their lives outside of prison, and their potential to re-establish themselves upon release.
Like probation, there are significant consequences to violating parole, including more jail time.
Knowing the basis of a legal term is enough to somewhat understand legal proceedings; a compassionate lawyer, though, is your best bet for being in the loop with your criminal case. If you’re in a bind and need to talk with someone who cares, contact our offices for a free initial consultation. The law is hard. Go with someone who both understands it and can give you the legal help you deserve.
“The law is a ass—a idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience—by experience.” – Charles Dickens, from “Hard Times”
Table:
| Term | Definition |
|---|---|
| Constitutional Rights | Rights established by the United States Constitution |
| Bail | Money paid to be released from jail prior to a court date |
| Plea | A defendant’s way of claiming responsibility for a charge |
| Misdemeanors | Less severe crimes |
| Felonies | More severe crimes |
| Sentence | A judge’s punishment for a defendant convicted of a crime |
| Probation | Conditions for a convicted defendant’s freedom in the community |
| Parole | A privilege granted following a convicted person serves a portion of their prison sentence |
Frequently Asked Questions (FAQs)
Q: Can I represent myself in court?
A: While you have the right to represent yourself in court, it is generally not recommended. Legal proceedings are complex, and an experienced attorney can help navigate the process and ensure the best possible outcome.
Q: How do I find a good criminal defense attorney?
A: Look for an attorney with experience in criminal defense and a track record of successful cases. You can ask for recommendations from friends and family, or search online for attorneys in your area. Schedule consultations with potential attorneys to discuss your case and determine if they are a good fit for your needs.
Q: What should I expect during my first meeting with a criminal defense attorney?
A: During your first meeting with a criminal defense attorney, they will likely discuss the details of your case, review any evidence or documents related to your case, and provide you with an overview of the legal process. They may also discuss potential strategies for your defense and answer any questions you may have.
Q: How much does a criminal defense attorney cost?
A: The cost of a criminal defense attorney can vary depending on the complexity of your case, the attorney’s experience, and your location. Some attorneys charge by the hour, while others may charge a flat fee. Be sure to discuss the attorney’s fees and payment structure during your initial consultation.
For more information on criminal law and how we can help with your case, contact us today. Give us a call at (888) 525-2910.
At JC Law, we serve clients in Maryland (MD), Virginia (VA), Pennsylvania (PA), and Washington, D.C. Our experienced attorneys are dedicated to providing the highest quality legal representation and personalized service to each of our clients. We understand the stress and uncertainty that comes with being charged with a crime, and we are here to help you navigate the legal process and fight for your rights.
Contact us today for a free initial consultation.
