Office of Crime Victim Services

Rights and Services for Crime Victim and Witnesses

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Glossary

Arraignment - A court appearance at which the defendant is formally charged and is asked to enter a plea of guilty, not guilty, or no contest. In felony cases, an arraignment follows a preliminary hearing.

Bail - The amount of money a judge determines sufficient to release an accused and assure his or her attendance at later hearings. The accused can lose the total amount of bail if he or she fails to appear for court.

Bail or Bond Review - The defense may ask for a hearing date for a bail or bond review.  A bail or bond review is a request that a judge reviews the case and determines if bail or conditions of bond should be changed.

Charging - The District Attorney prepares a criminal complaint based on the evidence and witness statements developed during an investigation.

Complaint - The formal document prepared by the DA based on police reports. It lists the charges and some of the evidence against the offender. The complaint is filed with the Clerk of Court.

Confer - To talk with the district attorney or designee about the criminal case. The discussions may include plea agreements, and possible outcomes.

Contempt of Court - Disobeying a court order which can result in a fine or incarceration.

Defendant - The person charged with a criminal offense. This is the person alleged to have committed a particular crime.

Defense Attorney - The defendant's attorney.

Deferred Prosecution Agreement - An agreement to suspend prosecution for a specific period of time if the offender complies with certain conditions. Prosecution may resume if the offender fails to comply with the conditions. Upon successful completion of the agreement, the court will dismiss the charges against the offender.

Discovery - The process by which the prosecutor and defense attorney exchange information.

Dismissal - The charge(s) against the offender are dropped.

Disposition - The final result of a criminal case is the disposition. This may be by a finding of guilty, not guilty, dismissal or a plea of no contest.

District Attorney - Under state law, the prosecuting officer who is an elected official and who represents the State in each of its prosecutorial units. Also called a 'prosecutor' or 'DA'.

Due Process - The right of accused persons (defendants) to receive notice of the charges against them, be present at the trial, provide evidence to the court, and face a jury of their peers. Due process rights, guaranteed in the United States Constitution, can also be described as every person's right to a fair trial.

Felony - A crime that may be punishable by confinement in a state prison, generally for a term exceeding one year.

Initial Appearance - A defendant's first appearance in court. A judge reads the charges, sets bail, and appoints an attorney if one is needed. In felony cases, a date is often set for arraignment or preliminary hearing. In misdemeanors, the initial appearance is also the arraignment and the defendant enters a plea.

Jury Trial - A panel of citizens who are selected to listen to the facts of the case and decide whether the State (represented by the District Attorney) has proven its charge beyond a reasonable doubt.

Misdemeanor - A crime that may be punishable by confinement to a county jail, generally for one year or less.

Motions - An oral or written request about a legal question made by the prosecutor or the defense attorney before, during, or after a trial. Motions are filed to make a decision about some legal aspect of the case.

No Contest Plea - In general, this means that the defendant accepts the criminal charges, but does not admit guilt.  In turn, the court usually finds the defendant guilty.

Plea Agreement - A proposed resolution to the case. A plea agreement is between the district attorney, the defense attorney and the offender and is done in an effort to resolve the case and hold the offender accountable.

Preliminary Hearing - A hearing in felony cases in which the prosecuting attorney attempts to establish that a crime was committed and the defendant committed that crime. If probable cause is established, the case will proceed. If not established, the case is dismissed.

Pretrial - An opportunity for the attorneys to review the case, exchange discovery and discuss any possible offers and. Agreed upon dispositions.

Probable Cause - A determination by the court that more likely than not, a criminal act occurred and was committed by the defendant accused.

Probation - An alternative to serving time in prison, some individuals convicted of a crime are allowed to remain free in society, but have restrictions on their daily activities and are supervised. Violation of probation can result in a prison sentence, additional restrictions, or a change in conditions of supervision.

Prosecutor - The District Attorney, Deputy District Attorney, Assistant District Attorney or Special Prosecutor who has been asked or appointed to review and handle a specific case.

Restitution - An amount of money set by the court that the offender is ordered to pay the victim(s) of a crime.

Sequestration - An order by the court that witnesses not speak to one another during the course of a court proceeding, and may include exclusion from the courtroom during other testimony.

Subpoena - A legal order requiring a person to appear in court to testify as a witness.

Trial - An official hearing of the facts in court. With physical evidence and testimony, the DA attempts to prove the defendant's guilt beyond a reasonable doubt.

Victim - Wisconsin law defines victim for the purpose of rights and services provision.  See the section in this brochure entitled Assistance for Victims and Witnesses for more information. 

Victim Impact Statement - An oral and/or written statement that is presented to the court at the time of sentencing. A Victim Impact Statement is a victim's opportunity to tell the court how the crime affected them emotionally, financially and physically.

Warrant - A legal order to a law enforcement agency to arrest the person named in the order. A warrant is usually issued for an offender who fails to appear in court.

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