Common Terms

Glossary of Legal Terms

For misdemeanors and certain felonies, the Office of the District Attorney may prepare an “accusation” in lieu of presenting the case to the grand jury.

Convicted defendants have a right to appeal their convictions and sentences to higher courts. These courts examine the record made of the trial proceedings to determine if reversible error has occurred. If a higher court finds that serious errors occurred in the trial proceedings, it may remand the case for a new trial or even dismiss the charges. Although most appeals are unsuccessful, the process is often very lengthy.

The first scheduled appearance by the defendant in criminal court. The indictment returned by the grand jury or the accusation is read and the defendant is given a copy. The appearance of the victim and witnesses is not necessary.

An amount paid or pledged by the defendant to make sure he or she will appear in court.

An independent group of citizens who listen in a closed forum to information about the crime in order to decide whether the case should proceed to trial. A defendant has no right to appear before the grand jury, except in very limited circumstances.

If the grand jurors decide that a case should proceed to trial, they “return” an indictment or presentment charging the defendant with the crime or crimes they believe he or she may have committed.

Contact Department of Corrections to request notification on other releases from prison (escape, sentence expiration, work release, etc.). Contact the Victim Assistance Program for further information.

This is the release of a person from prison before the end of his sentence, under certain conditions or restrictions which must be met or the person will be returned to prison. As a victim, you may request to be notified by the Board of Pardons & Parole of hearing dates and Board decisions prior to an individual’s release. Contact the Victim Assistance Program for further information.

Sometimes inaccurately called “plea bargaining,” this is a term used to describe a method of disposing of cases without a trial. Most defendants plead guilty. Once a defendant decides to plead guilty, it is up to the District Attorney’s Office and the defendant’s attorney to work out an agreement to present to the judge. The defendant may agree to plead guilty to the crime(s) charged or to a lesser offense, and there may be an agreement that the District Attorney’s Office will recommend a sentence to the judge. The judge may accept or reject the plea. Although a victim does not have the final decision as to what sentence is given, the District Attorney’s Office is interested in their input.

Sometimes referred to as a committal hearing. A hearing to determine if there is reason to believe that a crime has been committed and that the defendant committed it. If so, the case will be “bound over” to the grand jury. The victim’s appearance is required only if subpoenaed or requested.

After a defendant’s guilty plea is accepted, or he or she is found guilty after a trial, the judge decides the sentence to be imposed. The defendant may be sent to prison or to jail, the defendant may be placed on probation or the sentence may be suspended. Probation means that the defendant is not incarcerated as long as he or she does what the judge has told him to do. A probation officer will supervise the defendant to make sure the defendant is abiding by the conditions of probation. The defendant may also be placed in other programs, such as the Detention Center.

The court proceeding in which the District Attorney, or an Assistant District Attorney, presents the case for the State of Georgia, attempting to prove beyond a reasonable doubt that the defendant committed the crime as charged. The defendant may present evidence to dispute the State’s claim. Usually the defendant chooses whether a judge or a twelve person jury will decide the case.

Georgia law provides compensation for victims of violent crimes who have suffered out-of-pocket losses due to physical injury, loss of income, or death. Contact the Victim Assistance Program for additional information.

You will be given the opportunity to provide a written impact statement to be submitted to the court. If you wish to make an oral statement at the time of sentencing, please contact the District Attorney’s Office.

A written order from a judge that a person be arrested. If you are a victim or a witness, the warrant is based on a written statement about the crime in which you were involved.