Criminal Justice Glossary
Plain-English definitions of the terms you will hear from the jail, the court, and your attorney.
Adjudication
The court's formal resolution of a case, the point at which guilt or innocence is legally determined.
Arraignment
The first court appearance after arrest. The charges are read aloud, the defendant enters a plea, and the judge revisits bail. In California this must generally happen within 48 hours of arrest, excluding weekends and court holidays.
Bail
Money or property held by the court as security that a defendant will return for every scheduled court date. It is not a fine or a penalty, and it is accounted for at the end of the case if all appearances are made.
Bail schedule
A published list, set separately by each California county, assigning a preset bail amount to each offense. It is what determines bail before a judge ever sees the case.
Bench trial
A trial decided by a judge alone, with no jury.
Bench warrant
A warrant issued directly by a judge, most often when a defendant fails to appear for a scheduled court date.
Booking
The administrative intake process after arrest: fingerprints, photograph, search, health screening, and property inventory. Bail generally cannot be posted until booking is complete.
Co-signer
Also called an indemnitor. A person who signs a bail bond agreement and accepts personal responsibility for the full bail amount if the defendant fails to appear, not merely the premium.
Collateral
Property, a vehicle title, or another asset pledged to a bail agent as security on a bond. It is returned once the bond is exonerated.
Conviction
A formal finding of guilt, reached either by a plea or by verdict at trial.
Defendant
The person formally charged with an offense in a criminal case.
Due process
The constitutional requirement that the government follow fair and established legal procedure before depriving anyone of life, liberty, or property.
Exoneration of bond
The court's release of a bail bond at the end of a case. The bail agent's liability ends and any collateral is returned. The premium is not refunded.
Failure to appear
Missing a required court date. It typically triggers a bench warrant and can cause the bail to be forfeited.
Felony
The more serious class of crime, punishable by more than a year of incarceration, and in California generally served in state prison.
Forfeiture
The court's claim on the full bail amount after a defendant fails to appear.
Grand jury
A panel of citizens that reviews evidence privately and decides whether there is enough to bring formal charges.
Habeas corpus
A petition challenging the legality of a person's detention, requiring the custodian to justify holding them.
Hold
A separate legal reason a person must stay in custody, such as a probation violation, a warrant from another county, or an immigration detainer. A person with a hold will not be released even after bail is posted.
Misdemeanor
A less serious offense, punishable by up to a year in county jail rather than state prison.
Own recognizance (OR)
Release without any payment, on the defendant's written promise to appear. Granted at a judge's discretion based on ties to the community, employment, and criminal history.
Pardon
An act of executive clemency forgiving a conviction and restoring rights. It does not declare the person innocent.
Parole
Supervised release from prison before the full sentence has been served, subject to conditions.
Plea bargain
A negotiated agreement in which the defendant pleads guilty, usually to a reduced charge or for a lighter sentence, avoiding trial.
Preliminary hearing
A hearing at which a judge decides whether there is sufficient evidence for a felony case to proceed to trial.
Probable cause
The reasonable grounds required to justify an arrest, a search, or the filing of charges.
Probation
A sentence served in the community under court-ordered conditions, in place of or following incarceration.
Restitution
Money a convicted defendant is ordered to pay to compensate a victim for loss or harm.
Sentencing
The hearing at which the court imposes the penalty following a conviction.
Surety
The insurance company standing behind a bail bond, guaranteeing the full amount to the court.
Warrant of arrest
A judicial order authorizing law enforcement to take a named person into custody.