Glossary of Criminal Law Terms
The New York criminal justice system can be intimidating, particularly for individuals who have never been arrested or charged with a crime before. Criminal cases involve specialized terminology that is often unfamiliar to the average person, yet understanding these terms is critical to making informed decisions about your case. At Dupée & Monroe, P.C., we believe clients should understand not only what is happening in their case, but also the language used by police officers, prosecutors, judges, and defense attorneys.
This glossary explains common criminal defense terms used in New York courts. While not exhaustive, it provides a practical reference for individuals facing criminal charges. If you have been arrested for DWI, DWAI, or other misdemeanor or felony offenses in Orange County or the Hudson Valley, contact Dupée & Monroe, P.C., for practical advice in plain language and effective representation from a skilled and experienced Goshen criminal defense attorney.
Arraignment
An arraignment is a defendant’s first court appearance after an arrest or issuance of a Desk Appearance Ticket. At arraignment, the judge formally advises the defendant of the charges, addresses bail or release conditions, and schedules future court dates. Legal representation at arraignment is critical, as decisions made at this stage can affect whether the defendant remains free while the case proceeds.
Bail
Bail is a financial or non-financial condition set by a judge to ensure that a defendant returns to court. In New York, bail laws have changed significantly, and many misdemeanor and non-violent felony cases now qualify for release without monetary bail. When bail is imposed, it may take the form of cash, bond, or partially secured bond.
Bench Warrant
A bench warrant is a court order authorizing law enforcement to arrest a person who failed to appear in court or violated a court order. Bench warrants are issued by a judge and can remain active until resolved, even for relatively minor underlying charges.
Beyond a Reasonable Doubt
This is the highest legal standard of proof and applies in criminal trials. To convict a defendant, the prosecution must prove every element of the charged offense beyond a reasonable doubt. If reasonable doubt exists, the jury must acquit.
Charge
A charge is the formal accusation that a person has committed a crime or offense. Charges are typically set forth in a criminal complaint, information, or indictment and determine the potential penalties a defendant faces.
Criminal Complaint
A criminal complaint is the initial accusatory instrument filed by the prosecution, usually at arraignment. It outlines the allegations against the defendant and must contain factual allegations supporting the charge.
Discovery
Discovery refers to the exchange of information and evidence between the prosecution and defense. New York’s discovery laws require prosecutors to disclose police reports, witness statements, body camera footage, and other evidence early in the case, allowing defense attorneys to prepare a meaningful defense.
Dismissal
A dismissal occurs when a criminal charge or entire case is terminated without a conviction. Dismissals may result from insufficient evidence, procedural violations, constitutional violations, or successful defense motions.
Disorderly Conduct
Disorderly conduct is a violation under New York law, not a crime. It typically involves disruptive or threatening behavior in public. Although less serious than a misdemeanor, it can still result in arrest, fines, or brief jail time.
Desk Appearance Ticket (DAT)
A Desk Appearance Ticket is a written notice issued by police directing a person to appear in court at a later date rather than being held in custody. DATs are often issued for misdemeanors and some lower-level felonies, but the underlying charges can still carry serious consequences.
Felony
A felony is the most serious category of criminal offense in New York. Felonies are classified from Class E (least severe) to Class A (most severe) and carry potential penalties ranging from more than one year in prison to life imprisonment.
Grand Jury
A grand jury is a panel of citizens that hears evidence presented by the prosecution in felony cases and decides whether there is sufficient evidence to issue an indictment. Defendants have limited rights during grand jury proceedings, making experienced legal counsel essential.
Indictment
An indictment is a formal charging document issued by a grand jury in felony cases. It replaces the initial complaint and allows the prosecution to proceed toward trial.
Miranda Rights
Miranda rights are constitutional warnings that police must give before conducting custodial interrogation. These rights include the right to remain silent and the right to an attorney. Statements obtained in violation of Miranda may be suppressed.
Misdemeanor
A misdemeanor is a criminal offense less serious than a felony but more serious than a violation. In New York, misdemeanors are punishable by up to one year in jail and are divided into Class A, Class B, and unclassified misdemeanors.
Motion
A motion is a formal request asking the court to take a specific action, such as suppressing evidence, dismissing charges, or compelling discovery. Motion practice is a key component of criminal defense strategy.
Plea Bargain
A plea bargain is an agreement in which the defendant pleads guilty to a charge—often reduced—in exchange for a more lenient sentence or dismissal of other charges. Plea negotiations are common in New York criminal cases and should be evaluated carefully with counsel.
Probable Cause
Probable cause is the legal standard required for police to make an arrest, conduct a search, or obtain a warrant. It requires facts and circumstances sufficient to believe a crime has been committed and that the defendant committed it.
Probation
Probation is a sentence that allows a defendant to remain in the community under court-ordered conditions instead of serving jail or prison time. Violating probation conditions can result in incarceration.
Reasonable Suspicion
Reasonable suspicion is a lower legal standard than probable cause and allows police to briefly stop and investigate a person when specific facts suggest criminal activity may be occurring.
Sealing
Sealing refers to limiting public access to criminal records. New York law allows certain cases and convictions to be sealed after meeting eligibility requirements, reducing the long-term impact of a criminal record.
Sentence
A sentence is the penalty imposed after a conviction, which may include incarceration, probation, fines, community service, or mandated programs.
Suppression
Suppression refers to excluding evidence from trial due to constitutional or legal violations, such as illegal searches or unlawful interrogations.
Trial
A trial is a formal court proceeding where the prosecution and defense present evidence and arguments before a judge or jury. The prosecution bears the burden of proving guilt beyond a reasonable doubt.
Violation
A violation is a non-criminal offense under New York law, punishable by up to 15 days in jail and/or a fine. Although not a crime, violations can still carry serious consequences.
Verdict
A verdict is the decision reached by a judge or jury at the conclusion of a trial, determining whether the defendant is guilty or not guilty.
Warrant
A warrant is a court order authorizing law enforcement to take specific action, such as making an arrest or conducting a search. Warrants must generally be supported by probable cause.
Why Understanding These Terms Matters
Understanding criminal defense terminology empowers defendants to make informed decisions about their cases. The language used in court often signals important rights, deadlines, and strategic opportunities that should not be overlooked.
If you or a loved one is facing criminal charges in Orange County or the mid-Hudson Valley, the attorneys at Dupée & Monroe, P.C., are here to explain the process, protect your rights, and guide you every step of the way. Contact our Goshen office today to schedule a complimentary consultation and begin building a strong defense.
