12.3 Criminal Procedure Terminology

Charging terms

A criminal complaint is a formal accusation often used early in a prosecution. An information is a charging document filed by a prosecutor where authorized. An indictment is a formal charge returned by a grand jury. A count is a separate charged offense. The document states allegations; it is not proof of guilt.

At an initial appearance, the accused is brought before a judicial officer for rights, counsel, and release or detention matters. At arraignment, charges are addressed and a plea is entered. A defendant may plead guilty, not guilty, or another plea recognized by the jurisdiction.

Standards and release

Probable cause is a probability-based standard used in warrants, arrests, and some preliminary proceedings. Beyond a reasonable doubt is the prosecution's trial burden for criminal conviction. Preponderance and clear and convincing evidence are different standards used in other contexts. Do not treat them as percentages unless controlling law does so.

Bail or a bond can secure release and appearance, subject to conditions. Detention keeps the accused in custody. Recognizance release may not require a financial deposit. Terms vary by jurisdiction.

Pretrial litigation

A suppression motion asks the court to exclude evidence allegedly obtained unlawfully. A preliminary hearing may test probable cause. Discovery provides information under criminal rules. A plea agreement is an agreement between prosecution and defense subject to judicial procedures; the judge may not be bound by every term. A plea colloquy creates a record concerning the defendant's understanding and voluntariness.

Trial

The prosecution presents charges; the defendant is presumed innocent under criminal law. Voir dire selects a jury. The prosecution bears the burden and presents its case; the defense may present evidence but does not bear the general burden of proving innocence. A verdict may be guilty, not guilty, or another authorized outcome. A mistrial ends a trial without a final merits verdict in specified circumstances; retrial consequences are legal questions.

An acquittal is a not-guilty determination. A conviction follows a guilty plea or verdict. The reporter captures the exact count and outcome; do not compress multiple counts into one label.

Sentencing and supervision

A sentence is the court-imposed consequence after conviction and may include imprisonment, fine, restitution, probation, supervision, or conditions. Allocution permits a defendant to address the court before sentence under applicable law. Victim statements may also occur.

Probation is court-ordered community supervision, often instead of or following confinement depending on law. Parole is release from imprisonment under supervision where that system uses it. Revocation proceedings address alleged violations. Restitution compensates qualifying loss; a fine is punishment payable to government.

Post-conviction and appeal

A direct appeal reviews alleged legal error. Habeas corpus and other post-conviction remedies challenge custody or conviction under specific standards. Expungement or sealing may limit records under law; neither should be assumed from dismissal. A pardon is executive clemency, distinct from judicial reversal.

Reporter sensitivities

Criminal records can include sealed warrants, informants, grand-jury matters, protected victims, juveniles, and personal identifiers. Follow access and redaction rules. At plea and sentencing, exact capture of the judge, defendant, counsel, interpreter, and stated conditions is critical. Do not paraphrase a rights advisement.

Exam pairs

Indictment charges; verdict decides. Probable cause supports certain preliminary actions; beyond reasonable doubt governs trial guilt. Acquittal means not guilty; dismissal ends a charge without necessarily deciding guilt. Probation and parole are different forms of supervision.

Exam application

At a plea hearing, exact distinctions matter: the indictment states charges, the defendant enters a plea, the judge conducts a colloquy, and sentencing may occur later. Do not annotate the plea as a verdict or the charging allegation as a conviction. If an interpreter participates, capture both the rights exchange and audible responses. When the judge states conditions or counts, verify numbers and speakers immediately because later paraphrase can alter a defendant's legal obligations.

Review checkpoint

At sentencing, distinguish imprisonment, probation, supervised release, restitution, fine, and special conditions. Capture each count and period exactly, including whether terms run concurrently or consecutively when stated. Do not summarize the package as “five years” if the judge described several components.

Criminal status can also change within minutes: a defendant enters a plea, the court accepts or defers it, and sentencing is scheduled or imposed. Use the judge's verbs and the exact charge. The reporter's concise accuracy is more valuable than a broad label such as “case resolved.”