Failure to appear (FTA): defendant does not appear for court, order for arrest is issued.
Felony: a crime of graver or more atrocious nature than those designated as misdemeanors, carrying more potential jail time for an offender.
Felony diversion: DA does not file charges if certain conditions are met.
First Setting: The initial hearing for a case in the Criminal Docket Management process.
Final Setting: The final hearing for a case in the Criminal Docket Management process. Cases not disposed of during this setting are set for trial.
Fugitive: one who flees or escapes from some duty or penalty.
Grand Jury: a grand jury is composed of eighteen citizens who meet in felony cases to determine whether a crime occurred and whether the defendant can be held accountable for the crime. If twelve of the eighteen jurors, agree then they return a true bill of indictment. The office of the District Attorney prepares indictments.
Hung jury: a jury whose members cannot agree whether the accused is guilty or not; mistrial.
Impeach: to discredit the truthfulness of a witness.
Indictment: a formal written accusation, made by a grand jury after submission by the prosecutor and filed in a court, alleging that a specific person committed a specific crime. The office of the District Attorney prepares indictments.
Indigent: an accused person who has been found by the court to be too poor to pay for his/her own attorney.
Infraction: minor violations of the law that do not rise to the level of misdemeanor. Driving offense make up the bulk of charges designated as infractions.
Innocent: free from guilt; free from legal fault. This should not be confused with the term “not guilty.” Not guilty is a verdict by a judge or a jury that a person accused of a crime did not commit it or that there is not enough evidence to prove beyond a reasonable doubt that the accused committed the crime.
Intensive Probation: Defendants are on supervised probation, have curfews, and see probation officer at least once a week.
Investigation: the gathering of evidence by law-enforcement officials (and in some cases prosecutors) for presentation to a grand jury or in a court, to prove that the accused did commit the crime.
Jail: a confinement facility. Technically, a jail is administered by a local law-enforcement agency for adults and sometimes juveniles who have been accused of committing a crime but whose trials are not yet over, and persons who have been convicted and sentenced to imprisonment for one year or less; (see prison).
Judge: a judicial officer who has been elected or appointed to preside over a court of law.
Judgment: a court’s final determination of the rights and obligations of the parties in a case. This may be in answer to a motion or trial.
Jury: a group of citizens who decide whether the accused is guilty or not. They are selected by law and sworn to determine certain facts by listening to testimony in order to reach a decision as to guilt or innocence.
Jury selection: the process by which the judge, the prosecutor, and the defense attorney screen citizens who have been called to jury duty to determine if they will hear the evidence and decide guilt or innocence in a particular trial.
Juvenile: a person accused of an offense who is too young at the time of the alleged offense to be subject to criminal court proceedings as an adult and is therefore handled in the juvenile justice system.
Magistrate: person who can issue warrants when a person is accused of a crime. The are clothed with power as a public civil officer and have additional duties such as setting bond, hearing small claims, and accepting payment for certain infractions and misdemeanors.
Misdemeanor: offenses lower than felonies and generally those punishable by fine or imprisonment otherwise than in penitentiary. These crimes are generally punishable by no more than 150 days in jail.
Mitigating Factor: a factor that make a crime less deserving of punishment than most similar crimes. Mitigating factors are often defined by law and include such things as: defendant was very young; the person was honorably discharged from the armed forces, etc. A comprehensive list can be found in North Carolina General Statute 15A-131340.16(e).
Not guilty: a verdict by a judge or a jury that a person accused of a crime did not commit it or that there is not enough evidence to prove beyond a reasonable doubt that the accused committed the crime.
Not guilty plea: a formal response by a person accused of committing a specific crime in which the accused says that the charges are not true and he did not commit the crime.
Notice: a written order to appear in court at a certain time and place.
Offender: an adult who has been convicted of a crime.
Offense: a crime; technically, in some jurisdictions, only the most minor crimes are called offenses.
Opening statement: an outline of anticipated proof. Its purpose is to advise the jury prior to testimony of the facts relied upon and of issues involved; and to give the jury a general picture of the facts and the situations so that the jury will be able to understand the evidence.
Order of Arrest: an order for the arrest of a defendant following the filing of charges or failure to appear when required by the court.
*The above terms and definitions are provided for informational purposes only and are not intended for legal use or direction.
