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Glossary
- Alleged
- This word is used by the legal system to indicate something that has not yet been proven. You may hear "alleged" suspect or "alleged" victim.
- Arraignment
- This is when the judge informs the defendant of the charges against him, his constitutional rights, and the conditions (including no contact orders) and amount of his bond. At the arraignment the defendant enters a plea.
- Complainant
- The person, city, or state that files a suit or makes a complaint.
- Defendant
- (or Respondent in a Protection Order) This is the person who is charged with the crime or the person whom the suit is filed against. If the suspect is arrested, he becomes the defendant.
- Defense Attorney
- The lawyer who represents the defendant in a criminal case. If the defendant has no money for an attorney, the court may appoint an attorney to represent him or her through the State of Wisconsin – Public Defender’s office.
- Felony
- A crime punishable by confinement in a state prison, for one year or more.
- Misdemeanor
- A crime punishable by confinement in a county jail, for one year or less.
- Plaintiff
- (or Petitioner in protection order) The person, city or state who sues or files the complaint. (same as complainant) (only the government presses charges in a criminal case)
- Plea
- The person who has been charged will, at some point, "enter a plea", telling the court he is guilty or not guilty of the offense with which he is charged. Pleas also include standing "mute" or pleading "no contest". "No contest" pleas are treated as guilty pleas by the sentencing judge. "Standing mute" is treated as a not guilty plea.
- Preliminary Hearing
- In felony case, an evidentiary hearing at which the state must prove to the judge that there is enough evidence to believe the defendant committed a felony.
- Probable Cause
- Your statements, visible injuries, statements by witnesses, destroyed property, and anything else that causes an officer to believe that a crime took place.
- Prosecutor
- (in a criminal case referred to as the District Attorney) The attorney employed by the State. If the charges are prosecuted under state law, it is the prosecutor who will prepare the case and present the evidence against the defendant.
- Return Court Date
- A hearing at which the defendant will either enter a not guilty plea and request a trial or enter a no contest/guilty plea accepting the State’s offer of settlement. The defendant may also be sentenced at this hearing. In felony cases the defendant may waive or request a preliminary hearing.
- Restitution
- An amount of money set by the court to be paid to the victim of a crime for property losses of injuries caused by the crime.
- Subpoena
- An official order of the court which tells people they MUST come to court. You may get a subpoena as a witness and if so you must show up at the designated time and place.
- Suspect
- The term used to refer to the person the police suspect committed the crime.
- Venue
- The place or county where the incident occurred. It can mean the geographical division for the court in which a prosecution is brought for trial.