Important Legal Terms for Criminal Defendants

Navigating criminal law can be a daunting task. One of the most common challenges people face when navigating criminal law is the legal jargon. If you or a loved one is accused of committing a crime, you will encounter a lot of legal jargon. Prosecutors, defense attorneys, and judges are examples of people in the criminal justice system who use a lot of legal jargon. Understanding the legal terminology used by those in the criminal system is crucial for navigating criminal law. This article explains the meaning of some important legal terms you may encounter while navigating criminal law. However, please note that this article only aims to offer a basic understanding. These are “terms of art,” and have specialized meaning when being used within the legal field.  The list below is not intended as legal advice. If there is a term you do not understand or don’t see in this article, please seek the assistance of a qualified attorney.

Acquittal

When the trier of fact has found the accused not guilty of the charge(s).

Admissible Evidence

Rules of evidence determine which, and in what circumstance, a particular piece of evidence is admissible. Admissible evidence is evidence the judge or jury may consider in deciding the case. Admissible evidence is evidence that the rules of evidence have deemed reliable, acceptable, or valid. Evidence that is not considered admissible is called inadmissible evidence.

Allegation

An allegation is a claim of criminal activity one person makes against another. It is a claim of fact that is yet to be proven true. In a criminal case, the State puts forth their allegation(s) through the filed charges, and then uses evidence to prove their truth.

Initial Hearing

This is the first time the suspect appears in court, it can also be called an “arraignment.” During this first appearance, the suspect is informed of the charges against them, the penalties they face, are informed of their rights as the accused, and they are asked to enter a plea.

Bail

Bail is security (usually in the form of money) that is given to secure the release of an arrestee (an arrested person) to ensure their appearance in court as ordered in the case. Bail allows the person to remain free while awaiting trial.

Charge

The formal accusation, put forth by the State, that a person has committed a specific crime.

Circumstantial Evidence

Evidence that does not directly prove a fact but establishes grounds to draw a reasonable inference about the existence or non-existence of a fact at issue. Put another way, it is indirect evidence that does not, on its face, prove a fact at issue but rather it gives rise to a logical inference that the fact does exist.

Discovery

The process of exchanging information and evidence about the case from the opposing party. Discovery is essential in helping parties prepare for trial.

Plea

A plea is when a person answers “guilty” or “not guilty” to a charge. In some jurisdictions, a defendant (the person charged with a crime) may also have the option of pleading “nolo contendere,” which means “I don’t wish to contend.”  In this instance the person concedes the State would prove them guilty at trial but does not admit to any wrongdoing.  Unfortunately, this is not an option under Indiana state law.

Plea Bargain/Plea Deal/Plea Agreement

An agreement between the defendant and the prosecution to resolve the case without a trial.  As in all negotiations, you should expect both sides to give something up.  The accused often agrees to settle the case through agreement to avoid the uncertainty of the trial verdict and to have some say in what the term(s) of their sentence is.  The State will agree to dismiss some charges and agree to specific terms of the sentence for the benefit of not having to proceed to trial.

Probation

An alternative to incarceration that allows a convicted person to remain in the community to serve their sentence under the supervision of a probation officer.

Indictment

Is the charging process through the grand jury.  In this instance, the State presents their evidence to the grand jury and the grand jury determines what, if any, criminal offenses should be charged.

Statute of Limitations

The time limit for filing criminal charges against a defendant. A defendant cannot be prosecuted after the statute of limitations has expired.

Contact an Indianapolis Criminal Defense Lawyer

If you or a loved one is accused of committing a crime, contact an experienced Indianapolis criminal defense lawyer at Rigney Law LLC.