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Definitions of Criminal Justice terms as they relate to District
Attorney’s Office
DISTRICT ATTORNEY:
The chief prosecutor elected to a four-year term of office by the
residents of Washington County, who is responsible for investigating and
prosecuting offenses committed within the county.
ASSISTANT DISTRICT ATTORNEY:
An attorney appointed by the District Attorney as a public officer to
investigate and prosecute offenses. In Washington County there is one
First Assistant District Attorney, and three Assistant District
Attorneys.
CRIMINAL COURT:
Consist of local and superior courts where criminal trials are heard.
SUPERIOR COURT:
In Washington County the superior court
is the County Court.
LOCAL COURTS:
Town and village courts located within the county. Local courts have
preliminary jurisdiction for all offenses, and trial jurisdiction for
misdemeanor and petty offenses.
PETTY OFFENSE:
Non-criminal offenses such as a
violation or a traffic infraction.
CRIME:
A misdemeanor or felony as defined by
New York State Law.
MISDEMEANOR:
An offense for which a sentence
of up to one year may be imposed.
FELONY:
An offense for which a sentence
of imprisonment exceeding one year may be imposed.
BAIL:
A specific monetary amount set by the court to ensure the defendants
return to the court for future proceedings.
ARRAIGNMENT:
The first court appearance after a
defendant has been arrested. At the arraignment the defendant is
advised of the criminal charges filed. In misdemeanor cases a plea may
be entered at arraignment. In felony cases a plea may not be entered
until after the preliminary hearing or grand jury takes place.
At the arraignment
the defendant may be released on his or her own recognizance (ROR),
released on bail, or held without bail.
PRELIMINARY HEARING:
At this hearing the State must present
evidence to show that a Felony has been committed, and that the State
has sufficient evidence to prosecute the defendant for the offense. A
defendant may waive this hearing and proceed to the next step in the
prosecution.
GRAND JURY:
A body consisting of not less than 16 but no more than 23 persons,
impaneled by a superior court to hear and examine evidence concerning
criminal offenses, misconduct, nonfeasance, and neglect in public
office. Grand Jury proceedings are secret and while the District
Attorney is the legal advisor to the grand jury, the decision whether or
not to indict someone for a crime based upon the evidence presented
remains exclusively with the Grand Jurors.
INDICTMENT:
A written accusation by a grand jury
that charges a defendant with one or more offenses, at least one of
which is a crime. In order to indict a defendant, at least twelve grand
jurors must find that the evidence before it provides reasonable cause
to believe a defendant committed such offense. The burden of proof is
less than the people’s burden of proof at a trial which requires proof
beyond a reasonable doubt as found by a unanimous verdict of a jury of
twelve or a judge in a non jury setting.
PLEA BARGAIN: An
agreement among the court, the district attorney and the defendant,
whereby the defendant pleads guilty to an offense in exchange for a
specific promised sentence. A defendant cannot plead guilty to less
than all the charges in an accusatory instrument without the consent of
the district attorney. If the defendant pleads guilty to all the
charges the district attorneys consent to the sentence imposed is not
required by law.
SENTENCING:
The Final step in the prosecution. After conviction, either by trial or
by plea agreement, the defendant is sentenced as determined by the judge
within the boundaries of New York State Law, and taking into
consideration the defendant’s criminal record and severity of the
crime. Both the victim and the District Attorney may make
recommendations but the judge is the final authority. The sentence
imposed may be one or more of the following; paying a fine or fee, a
term of probation, paying restitution, undergo court ordered drug or
alcohol treatment, domestic violence related treatment or counseling, a
county jail term of less than one year, a state prison term of more than
one year.
ORDER OF PROTECTION:
A written court order issued on behalf of a victim or witness
proscribing certain conduct by the defendant. A temporary order of
protection may be issued while charges are pending. A final order of
protection may be issued upon the conviction of the defendant. A
defendant who violates one or more conditions of such order may be
prosecuted for the crime of criminal contempt.
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