N – P
Necessity A defense to criminal charges, other than murder, that it was necessary for the accused to commit the offense in order to avoid a greater evil.
No Contest (Nolo Contendre) Plea A plea that indicates that the defendant will no longer fight a charge. For purposes of the criminal case, it is treated like a guilty plea in every respect. A no contest plea to a misdemeanor is not admissible as an admission of liability in a civil proceeding.
Not Guilty Plea A plea that denies the charge and puts the burden of proving that the defendant committed the crime on the prosecution. A plea of not guilty does not necessarily mean that the defendant denies committing the offense; it simply means that the government will be required to prove the truth of the charge.
Not Guilty By Reason of Insanity Plea A plea entered by the defendant to raise the issue of whether he or she was legally insane at the time of the offense. In order to prove that the defendant was legally insane, he must prove that it is more likely than not that when he committed the crime he had a mental disease or defect, and because of that disease or defect he did not know or understand the nature and quality of his act or did not know or understand that his act was morally or legally wrong. A criminal defendant found not guilty by reason of insanity is normally committed to a secure state mental hospital.
Notice To Appear A citation or other written notice by law enforcement or the court requiring an individual to appear in court to answer a potential criminal charge against him or her.
Own Recognizance An individual is released on his own recognizance when he is allowed to remain free pending criminal charges without being required to post bail. Sometimes an individual released without bail may be subject to various restrictions as conditions of his or her release, such as abstaining from alcohol or drugs, submitting to chemical testing, obtaining treatment for drug or alcohol abuse, limiting travel to a specified area or maintaining periodic contact with a pretrial release officer.
Pardon An order from an executive officer exempting or excusing an individual who has been convicted of a crime from certain consequences of that conviction.
Parole The period after release from state prison during which a former prisoner is subject to certain restrictions and is monitored by state law enforcement officers.
Penal Code The body of law defining most criminal offenses in California.
Penalty Assessment An additional monetary penalty imposed separately from the statutory fine after a person is convicted of a crime. In California, the penalty assessment is more than three times greater than the fine imposed by a court.
People of the State of California The plaintiff in criminal proceedings in California. The People of the State of California are represented by the District Attorney’s office in the county in which the crime is being charged.
Perjury Intentionally testifying falsely to a material fact after swearing an oath to tell the truth. Under California law, the crime of perjury is a felony. (Penal Code section 118.)
Petty Theft The theft of money, labor or property of a value less than or equal to $950.00. (Penal Code section 484/488.)
Plaintiff In a criminal case, the plaintiff is the prosecuting party. In state court, the plaintiff is the People of the State of California. In federal court, the plaintiff is the United States of America. In a civil case, the plaintiff is the person who brings an action.
Plea A defendant’s formal response to the criminal charge against him or her -- typically guilty, not guilty or no contest. At the defendant’s first appearance or arraignment, defendant usually enters a plea of not guilty. If the case subsequently resolves by way of a negotiated settlement, the defendant will typically change his plea from not guilty to guilty or no contest. (Penal Code section 1016.)
Possession For Sale A narcotics charge in which the defendant is accused of possessing narcotics not for personal use, but for distribution. When this charge is alleged, the prosecution does not need to prove that an actual sale has occurred. (Health and Safety Code sections 11351, 11359 and 11378.)
Preliminary Hearing (Preliminary Examination) A proceeding to determine whether there is sufficient evidence to stand trial for a criminal charge. At the preliminary hearing, the prosecutor has the burden of proof to show that there is probable cause to believe that the defendant committed the crime with which he or she is charged.
Pre-Trial Conference The court dates during which settlement discussions between a prosecutor, defense attorney and judge take place in state court proceedings.
Pre-Sentence Report (PSR) In federal court, a probation officer prepares a report after a defendant is convicted to assist the court in determining an appropriate sentence. As part of the presentence report, the probation officer makes a federal sentencing guideline calculation, which is typically considered the starting point for evaluating the appropriate sentence.
Pretrial Services Defendants who are held in custody are typically evaluated by the Office of Pretrial Services to provide the court with information to consider in the setting of bail or release without bail. Defendants who are released from custody while their case is pending are sometimes required to report periodically to a Pretrial Services officer and/or to comply with additional release conditions. The Pretrial Services office monitors individuals who are out of custody and required to report or comply with additional release conditions.
Prior Conviction A finding that a person convicted of a crime has previously been found guilty of some crime in the past. The finding of a prior conviction often leads to probation ineligibility, longer sentences and/or increased fines.
Prison State or federal institutions for the confinement of individuals convicted of certain more serious felonies. In a state court proceeding, an individual is sent to prison if he or she is convicted of a felony and sentenced to a term of incarceration of one year or more, unless the felony is designated pursuant to Penal Code section 1170 as a crime punishable by imprisonment in county jail for more than a year. In federal proceedings, an individual is sent to a prison if the court designates that requirement as a condition of the sentence. State prisons are institutions maintained by the California Department of Corrections and Rehabilitation; federal prisons are maintained by the Bureau of Prisons.
Private Defender Program In San Mateo County, there is no institutional county public defender’s office. Instead, the Private Defender Program administers a panel of private attorneys contracted to represent indigent criminal defendants in San Mateo County courts.
Probable Cause The standard of proof required by law in order to support an arrest, a search warrant or an order holding a defendant to stand trial after a preliminary hearing or grand jury proceeding. Probable cause is generally defined as existing when known facts and circumstances are sufficient to warrant a person of reasonable prudence to believe that an offense has been committed. The probable cause standard requires less convincing evidence than is necessary to prove a person’s guilt at trial, which requires proof beyond a reasonable doubt.
Probation A post-conviction term of supervision imposed by the court, either in misdemeanor cases or in felony cases in which the court determines that a state prison sentence is not warranted for the offense. As a condition of probation, the court may order incarceration in the county jail for up to one year. Other probationary terms may require that the defendant pay fines and fees; submit to search and seizure without a warrant; obtain drug, alcohol, anger management or other psychological treatment; and not violate local, state or federal laws.
Probation Report In California courts, a report is prepared by the probation department to assist the court in evaluating the factors relevant to a defendant’s sentence. In the preparation of a probation report, the defendant may meet with the probation officer and submit supporting documents -- letters, medical reports or other information -- to attempt to persuade the court to impose a more lenient sentence.
Proposition 36 (2000) A law passed in November 2000 requiring the courts to provide drug treatment instead of incarceration to most individuals convicted of nonviolent drug offenses. Generally, a Proposition 36 sentence requires an individual to plead guilty and be placed on probation on the condition that he or she successfully complete a drug treatment program and submit to drug testing. No jail sentence is imposed. Upon successful completion of treatment, the conviction is set aside and the arrest and conviction are deemed never to have occurred. (Penal Code section 1210, et seq.)
Proposition 36 (2012) The “Three Strikes Reform Act of 2012” modifies elements of California's "Three Strikes" Law, which was originally approved by the state's voters in 1994. This new law permits many inmates serving life sentences to seek modification of the sentence and release from prison. It also only imposes a life sentence when the new felony conviction is “serious or violent.” Proposition 36 authorizes re-sentencing for offenders currently serving life sentences if their third strike conviction was not serious or violent and if the judge determines that the re-sentencing does not pose an unreasonable risk to public safety. Prop 36 continues to impose a life sentence penalty if the third strike conviction was for certain nonserious, nonviolent sex or drug offenses or involved firearm possession. Prop 36 maintains the life sentence penalty for felons with nonserious, nonviolent third strikes if prior convictions were for rape, murder or child molestation.
Proposition 47 This proposition, the “Reduced Penalties for Some Crimes Initiative,” was approved by California voters on November 4, 2014. The initiative reduces the classification of most "nonserious and nonviolent property and drug crimes" from a felony to a misdemeanor. Under this law, many people with felony convictions for drug offenses may petition the court to have their prior convictions reduced to misdemeanors.
Proposition 215 Also known as the “Compassionate Use Act,” Proposition 215 permits qualified patients to possess a reasonable amount of marijuana and cultivate a reasonable number of marijuana plants if they have a prescription from a doctor. The Compassionate Use Act also protects caregivers of qualified patients from prosecution for possession of the same amount of marijuana. (Health & Safety Code section 11362.7 et seq.)
Prosecutor The attorney who represents either the state or the federal government in bringing charges against a defendant in a criminal case. The prosecutor is always the plaintiff in a criminal proceeding.
Public Defender An attorney employed by the government to represent indigent criminal defendants.
Q – T
Rape The crime of engaging in sexual intercourse with an individual who does not consent to the sexual act. (Penal Code section 261.)
Record Clearance (“Expungement”) In California, individuals convicted of most misdemeanors or granted probation for most felonies are entitled to a record clearance after successful completion of the term of probation. A record clearance, also known as “expungement,” is an order setting aside the conviction, withdrawing the finding of guilt, entering a plea of not guilty and dismissing the case. The record clearance does not seal a record; the court file continues to exist and shows that the conviction has been vacated pursuant to a record clearance. Under most circumstances, a person whose record has been cleared may truthfully state that he or she was not convicted of the offense. An expungement does not relieve a person of the obligation to disclose the conviction in an application for public office or licensure by any state or local agency. (Penal Code sections 1203.4 and 1203.4a.)
Recusal The process of disqualifying a judge from hearing a matter or a District Attorney from prosecuting a matter because of a conflict of interest that affects a defendant’s ability to receive a fair trial.
Registration The practice of having law enforcement agencies maintain records regarding individuals who have been convicted of certain crimes, such as sex offenses and arson. For an individual who is required to register for a sex offense, identifying information is generally posted on the internet and made available to the general public. For arson offenders, the requirement to register is a lifelong obligation. For sex offenders, beginning in July 2021, the registration requirement will be dictated by tiers: tier one offenders will be required to register for a minimum of ten years, tier two offenders for a minimum of twenty years and tier three offenders for life. For narcotics offenses, the registration requirement lasts five years. (Penal Code section 290, et seq.; Penal Code section 457.1; Health & Safety Code section 159.)
Resisting Arrest Resisting arrest is the common term for the offense of resisting, obstructing, or delaying an officer in the lawful execution of his duties. The statute may apply to any situation where a person interferes with lawful police actions. The charge is often filed when police inflict injuries or otherwise use substantial force to accomplish an arrest. (Penal Code section 148.)
Restitution An order following a criminal conviction that a defendant compensate the victim of a crime for any loss, damage or injury.
Revocation of Probation The termination of probation when it is admitted or established that a defendant willfully failed to comply with the terms of probation. Violation of probation may be punished by the reinstatement of probation, often with an additional term of incarceration, or by the imposition of a non-probationary jail or prison sentence.
Robbery The taking of property of another person through force or fear. (Penal Code sections 211, et seq.)
Romero Motion A request made by a defendant convicted of one or more strike felonies that a judge exercise his or her discretion to dismiss the allegations of prior convictions for purposes of sentencing in the current case. (Penal Code section 1385; People v. Superior Court (Romero) (1996) 13 Cal.4th 497.)
Sealing An order making a record of an arrest or juvenile adjudication unavailable for future use. Typically, a person can truthfully deny the existence of records that have been sealed.
Search An act by law enforcement to look for evidence or indicia of a crime. When an individual or anything under that individual’s control is searched, the search must be consented to or authorized by a warrant, or supported by probable cause and exigent circumstances. If it is not authorized or consented to, the individual may assert that his Fourth Amendment rights have been violated. If a court finds that a search was unlawful, it may order that any evidence discovered during the search be suppressed and not used against the defendant in the criminal proceeding.
Search Warrant An order that authorizes law enforcement to conduct a search and specifies the scope of the search. In order to obtain a search warrant, the investigator seeking the warrant must state under oath sufficient facts to establish probable cause that evidence of a crime will be discovered by the search.
Seizure The act by law enforcement of taking possession of a person or property.
Self-Defense A defense in which a defendant asserts that the use of force was necessary in order to protect him or herself from bodily harm.
Sentence The punishment that a court imposes on a defendant who has admitted to or been found guilty of a crime. A sentence may consist of probation, fines, community service, incarceration in county jail or prison and any other conditions with a nexus to the offense.
Sentencing Guidelines In federal court, there is a complex method for calculating what sentence the court might impose. The guidelines consider the nature of the offense, the amount of loss, the defendant’s background and the defendant’s criminal history. The guidelines are then used to indicate a sentencing range. The guidelines are advisory, meaning that the court are not required to impose the sentence indicated by the guideline calculations. (United States v. Booker, 543 U.S. 220 (2005).)
Sexual Battery The non-consensual touching of an intimate part of another person for purposes of sexual arousal, gratification or abuse. (Penal Code section 243.4.)
Serna Motion A motion to dismiss in state court based on the government’s failure to bring a defendant before the court in a timely manner after charges are filed. In a misdemeanor matter, more than one year of unjustifiable delay creates a presumption that the defendant has been harmed by the delay and that the case should be dismissed. (People v. Serna (1985) 40 Cal.3d 239.)
Special Appearance The appearance of a defense attorney on behalf of a defendant for the limited purpose of assisting the defendant for a specific hearing only. An attorney making a special appearance does not assume the responsibility of representing a defendant throughout the case.
Special Circumstance An allegation that, if proved at trial, makes a murder charge punishable by the death penalty or life in prison without possibility of parole.
Speedy Trial A defendant in a criminal case is entitled to a speedy public jury trial. The California Penal Code sets various time limits for a case to proceed in a speedy fashion. A defendant in a misdemeanor matter is entitled to a jury trial within 30 days from the date of arraignment if he is in custody and 45 days from the date of arraignment if he is not in custody. A defendant in a felony case is entitled to a jury trial 60 days from the date of arraignment on an indictment or information.
State Court The courts of the California judicial system (as opposed to federal court, which is composed of the courts of the United States judicial system).
Subpoena A court order compelling the attendance of a witness at a hearing or trial.
Subpoena Duces Tecum A court order requiring a person to appear at a hearing or trial and to produce evidence, such as documents.
Superior Court The trial level court in the California state court system. Each county has its own Superior Court, which may be composed of various branches and judges.
Supervised Release A period of court oversight directly after a defendant in a federal criminal case is released from custody, usually for a term of five years. The court generally imposes various conditions of supervised release, which could include compliance with drug tests and frequent contact with a U.S. Probation Officer.
Suppress In criminal cases, to suppress evidence is to prohibit evidence from being introduced at a trial or other criminal proceeding. A criminal defendant may base a motion to suppress evidence on the grounds that the evidence has been gathered illegally or is otherwise inadmissible.
Testify To provide live, sworn testimony in a criminal proceeding.
Threats Under California law, a threat is a communicated intent to inflict physical or other harm on any person or property. In order to fall within the California statute prohibiting threats, a threat must be to kill or cause great bodily injury to an individual. The defendant must intend that the statement be understood as a threat. A threat must be clear, immediate and unconditional. A threat must also be specific in that it communicates to the victim a serious intention to carry out the threat, the threat must actually cause the victim to be in sustained fear of his or her own safety and such fear must be reasonable. (Penal Code section 422.)
Three Strikes The California sentencing law that authorizes a court to impose a 25-year to life indeterminate sentence on an individual convicted of a serious or violent felony if the person has previously been convicted of at least two serious or violent felonies. The Three Strikes law also authorizes the court to double the length of the sentence of an individual convicted of a serious or violent felony if the individual has previously been convicted of at least one serious or violent felony.
Time Waiver A defendant in a criminal case has statutory and constitutional rights to a speedy trial. A time waiver is when the defendant consents to his prosecution proceeding more slowly than is required by law.
U – Z
United States The name of the prosecuting party in a federal criminal case.
United States Code The statutes setting forth federal law. Much of federal criminal law is located in Title 18 of the United States Code.
Unlawful Intercourse An act of sexual intercourse with a person, other than a spouse, who is under the age of 18. (Penal Code section 261.5.)
Vehicle Code The California statutes that contain the rules regarding vehicles and driving, including traffic citations and criminal offenses relating to driving under the influence.
Venue The location where a trial takes place.
Violation Of Probation An allegation that a defendant failed to comply with the terms of his probation. A person accused of violating his probation is entitled to a hearing before a judge to determine whether a willful violation of probation actually occurred. A person found in violation of probation is ordinarily required to serve additional time in jail or prison.
Voir Dire (Jury Selection) An examination of prospective jurors or witnesses under oath to determine their competence or suitability to serve as jurors in a trial. This questioning is used to determine if any juror is biased and/or cannot consider the issues fairly, or if there is any other reason to not allow a juror to serve. For example, voir dire may reveal that a potential juror has previous, independent knowledge of the facts of a case, or is familiar with parties, witnesses or attorneys in a case, or has had previous experiences that suggest that he or she might unduly favor one side or the other. Some jurors may be dismissed for cause by the judge and the attorneys may excuse others with "peremptory" challenges without stating the reason. Voir dire also permits the attorneys to get a feel for the personalities and possible views of the members of the jury panel.
Welfare & Institutions Code The California statutes that authorize the prosecution of juvenile cases.
Work Program A work program is an alternative to jail in which a defendant can satisfy his or her sentence by performing work during the day. The defendant does not have to spend the night in jail.
