Office of the Prosecuting Attorney of Elkhart County

Definitions

Bench Trial (also called a court trial) - A trial which is conducted by a judge without a jury: where a jury trial is waived by the defendant.

Conviction - A judgment of guilt against a criminal defendant. A conviction is final at the time of sentencing, however, can be "reversed" by an appeals court.

Dismissal - The dropping of a case by decision of the judge or prosecutor.

Guilty - Plea that defendant enters in court admitting that he/she committed the crime; a verdict returned by a jury or judge finding that the prosecution has proven beyond a reasonable doubt that the defendant committed the crime(s).

Initial Appearance - A court hearing at which time a judge determines if the person may be released on personal recognizance or on bond and setting a time for a preliminary hearing in felony cases or arraignment in a misdemeanor case.

Jury Trial - A trial before a judge and jury, as opposed to a bench trial before a judge alone.

Misdemeanor - A criminal charge which is punishable by a fine or incarceration in the county jail.

Not Guilty Plea - A statement that a defendant enters at arraignment denying committing the crime(s).

Perjury - Deliberate false testimony given under oath.

Pretrial Conference - An informal meeting between the attorneys for both sides to clarify the issues and attempt to work out a settlement, with the judge or magistrate as moderator, before further court filing or proceedings.

Pro se - Latin phrase meaning "in his/her own behalf."

Pretrial Hearing - A meeting where the parties to the action appear before the judge in an informal setting to attempt to reconcile the issues and settle the case without the necessity of a trial. It is used to narrow issues to be tried, to secure stipulations as to matters and evidence to be heard, and to take all necessary steps to aid in the disposition of the case.

Sentence - The final judicial decision imposing punishment for conviction in criminal prosecution.

Sentencing - Court proceedings held after a conviction or guilty plea of a defendant at which time the judge sets the length and conditions of punishment.

Victim - An individual who suffers direct physical, financial and/or emotional harm; or is threatened as a result of the commission of a crime.

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