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GLOSSARY / F.A.Q.
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- Do cases always have a trial?
- No. Although the defendant has a right to a
trial, most cases are resolved through plea agreements.
- If I am called as a witness to
testify, what do I say?
- Tell the truth. You should always contact
the prosecutor or victim assistance staff before the trial
starts if you have any questions.
- Why are charges dropped?
- Charges may be dropped before the
indictment or information because they may have been
initially inappropriate, or some charges are so similar it
is not appropriate to proceed on all of them. Charges may be
dropped after indictment or information because there are
problems with evidence, witness availability, valid
defenses, credibility, or other reasons.
- Why are charges reduced/plea
agreements made?
- Charges are reduced/plea agreements made
when:
- The penalty and possible sentencing
conditions are similar to what the defendant would get
for the original charges: or the prosecutor believes
there may not be enough evidence to get a conviction on
the original charges. Plea agreements remove all of the
risk that is part of a jury trial. It is a sure thing.
When the defendant enters a guilty plea, there is no
appeal.
GLOSSARY
Admissible Evidence: allowing
certain statements or objects to be used to support the
case.
Beyond a Reasonable Doubt: Is
the certainty necessary for a juror to legally find a
criminal defendant guilty.
Continuance: a postponement of
a hearing to a later date granted by the court.
Conviction: finding a
defendant guilty of a charge at trial or plea agreement,
a finding of guilty but mentally ill, or a no contest
plea.
Cross Examination: questions
an attorney asks the other side's witness.
Defendant: a person charged
with a criminal offense.
Direct Examination: questions
that a lawyer asks his/her own witness.
Excluded Evidence: statements
or objects not permitted to be used to support one
side's case.
Felony: the most serious type
of criminal offense; punishable by more than two years
in prison, however, the prison term can be suspended in
some cases. Example of felony charges are: burglary,
murder, robbery, and unlawful sexual intercourse.
Hearsay: evidence based on
what the witness has heard from other people rather than
personally experienced; this is usually not admissible.
Misdemeanor: an offense which
can result in up to two years incarceration. Example of
misdemeanor charges are: theft, offensive touching.
Mistrial: a trial declared
invalid because of a mistake in the proceedings. The
prosecutor decides whether to re-try the case.
Objection: Statement by an
attorney opposing particular testimony, conduct or
evidence during the trial.
Overruled: court's denial of a
motion or objection.
Plea Agreement: agreement
between the prosecutor and the defendant, where the
defendant agrees to plead guilty, usually to a reduced
charge and gives up his or her right to a trial.
Prosecutor: A lawyer that
represents the State of Delaware on behalf of the
public. In Delaware, known as a Deputy Attorney General.
Restitution: an amount the
court orders a convicted defendant to pay to the victim
for losses or damages as a result of the crime.
Subpoena: an order from the
Court to appear at a judicial hearing.
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Last Updated: Thursday, 31-Jul-2008 14:00:38 EDT
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