NOTICE: This glossary of legal words and phrases is provided to help you better understand the legal terminology used in the court system. THIS GLOSSARY IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY.
THIS WEBSITE CANNOT GIVE YOU LEGAL ADVICE. YOU SHOULD NEVER RELY ON THESE VERY BASIC DEFINITIONS TO MAKE LEGAL DECISIONS. Please use this glossary to get a general understanding of your legal circumstance and have a better interaction with your attorney.
Criminal case—A legal action filed by a unit of government (local, state, or federal) on behalf of the general public in order to protect both individual victims and society as a whole. The object of a criminal case is to determine who has violated the law and hold them accountable, while protecting the rights of those accused and the alleged victims. Criminal law and procedure creates a justice process that is fair and even handed, so that those who are guilty are convicted without violation of their constitutional rights, and those who are innocent are not wrongly convicted.
Felony—The most serious level of crime, punishable by imprisonment for one year or more. Felony cases are tried in the Common Pleas Court.
Misdemeanor—A lower level of crime, below felony, punishable by a fine or a jail term up to one year, or both. Misdemeanor cases are generally tried in the Municipal Court.
Defendant—A person, corporation, or other entity accused of a crime in a criminal case, whether it is a felony or a misdemeanor.
Grand Jury—A group of citizens empowered by a court to hear preliminary evidence, and decide if a crime has been committed. If the grand jury decides that there is enough evidence to believe that an individual has committed a crime, it issues an indictment.
Indictment—A legal document issued by a grand jury charging an individual or individuals with the commission of a crime, usually a felony. An indictment can charge one or more crimes in a single document. Indictments are filed with the Clerk of Courts for the Common Pleas Court after the grand jury hands them down.
Bill of Information—A court document filed by a prosecuting attorney to start a criminal case. A defendant can give up the right to grand jury proceedings and allow a criminal case to start with a bill of information instead of an indictment.
Bind over—A criminal case can start if, after a preliminary hearing in Municipal Court, a judge determines that there is probable cause to believe a person has committed a crime. A criminal case is said to be “bound over” from Municipal Court to Common Pleas Court for further proceedings.
Citation—A traffic ticket or other notice that a lower level offense has been committed, and that the alleged offender must appear in court. Citations are filed with the Clerk of the Municipal Court after they are issued.
Summons—A legal document issued by a clerk of courts informing a defendant that a case has started against them. A summons can be used when a criminal indictment is filed, naming a person as a defendant. A party who fails to appear in court in response to a summons after a criminal indictment faces possible arrest.
Arrest—Taking an individual into government custody, usually for the commission of a crime. Certain constitutional rights are triggered upon arrest.
Warrant (also called a bench warrant or capias)—A court order that police or the sheriff arrest an individual, generally for the commission of a crime or violation of a court order. The Clerk of Courts issues warrants when directed by a court. Some courts use the word “warrant” while other courts might use “capias.”
Arraignment—A first appearance in court for a defendant at the start of a criminal case. At an arraignment, the defendant is informed of the charges against them, advised of their rights, enters a plea to the charge or charges (usually not guilty), has counsel appointed if needed, and has bond set by a judge or magistrate.
Bail—The release of a criminal defendant to be free prior to trial. The court may impose reasonable conditions on the bail, including the requirement for some security to the court that the defendant will appear for trial. Bail can be cash posted with the Clerk of Courts, a bond provided by a bail bond company, a personal promise to appear, or a combination of these protections. Bail may also include conditions such as a stay away order from the alleged victim, or drug testing.
Bond (also called a surety bond)—An obligation of another party to insure that a defendant in a criminal case appears for trial. A bonding company (represented by a bail bondsman) issues a written promise to pay the court a fixed sum of money if the defendant does not appear. A judge or magistrate sets the dollar amount of the promise based on several factors, such as the severity of the alleged crime, prior offenses, prior non-appearances in court, the defendant’s ties to the local community, etc.
Recognizance bond (also called a recog bond, or recog, or “O.R.”)—The personal promise of a criminal defendant to appear in court on a criminal charge. Failure to appear while free on a recognizance bond can result in separate criminal charges against the defendant. O.R. stands for “on recognizance.” A defendant on a recognizance bond might be required to report to the Probation Department at certain intervals.
Indigent—Not having enough income or assets to afford an attorney in a criminal or civil case. In criminal cases only, a person who is indigent has the right to have an attorney appointed by the court to defend them at public expense. A Public Defender can be appointed to represent an indigent defendant in a criminal case.
Pro se (also called self-represented)—Appearing in court to present a case without an attorney. Anyone with a criminal case in Municipal or Common Pleas Courts should consider obtaining the services of an attorney because of the risk of making a legal mistake that will harm their case. Pro se parties are required to follow the same rules of procedure and evidence as attorneys.