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Navigating Legal Jargon: Important Terms Every Criminal Defense Client Should Know

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Facing criminal charges can be an intimidating experience, especially if you’re unfamiliar with legal terminology. Knowing the meaning of terms like indictments, misdemeanors, and due process can make a big difference in understanding what’s happening with your case.

In this article, we’ll explain…

  • What an indictment means and how it impacts your defense.
  • The differences between misdemeanors and felonies in criminal law.
  • The meaning of due process and why it’s crucial to your rights.

What Are Indictments? What Do They Mean For Defendants?

An indictment is a formal charge issued by a grand jury, typically in felony cases. During this process, the District Attorney presents evidence to the grand jury in a secret proceeding.

Then, the grand jury decides whether to indict the defendant, meaning to formally charge them with a crime, or to issue a no bill, indicating they do not believe there is enough evidence to proceed.

Once indicted, the defendant is notified of the charges. This usually happens through the issuance of a warrant, which in turn leads to an arrest.

Depending on the circumstances, the defendant may have the option to turn themselves in, or law enforcement may execute the warrant by arresting them. The indictment papers are then filed with the county clerk’s office where the alleged crime occurred.

What Is A Misdemeanor? Which Crimes Typically Qualify As Misdemeanors?

A misdemeanor is a less serious offense compared to a felony. These crimes are typically punishable by up to 12 months in county jail and a fine of up to $1,000 per charge, although the exact penalties can vary. Common misdemeanors include:

  • Traffic violations like speeding, DUI, or reckless driving
  • Simple assault
  • Simple battery
  • Trespassing
  • Other minor offenses against property

What Is A Felony? Which Crimes Typically Qualify As Felonies?

A felony is a serious crime that carries severe penalties, typically with a penalty of imprisonment in a state prison. Most felony convictions result in at least one year in prison, with sentences often extending to 10, 20, or even 30 years, depending on the severity of the offense. Common crimes classified as felonies include:

  • Rape
  • Robbery
  • Murder
  • Assaulting a police officer
  • And more

What Is Due Process?

Rooted in the Fifth Amendment of the U.S. The Constitution, due process ensures that before the government can deprive you of your liberty or property, certain legal procedures must be followed.

This means that you are entitled to a series of court hearings and protections, such as a bond hearing, arraignment, and official charges, before being detained or having their property taken.

What Is An Acquittal?

An acquittal occurs when a defendant is foundnot guilty at the end of a trial, either by a judge or a jury. Put more simply, the prosecution did not prove beyond a reasonable doubt that the defendant committed the crime in question.

An acquittal is a favorable outcome for the defense, as it signifies that the defendant is cleared of the charges and cannot be retried for the same offense under the principle of double jeopardy.

How We Assist Clients Like You

Understanding the criminal defense process is critical because it will help alleviate any anxiety and confusion you’re likely to experience as you go through the many legal proceedings as part of your case. Grasping the basic terms and stages, such as arraignment, motion hearings, and jury trials, will mean you’ll feel more in control and less intimidated.

Our firm prioritizes clear communication from the very first consultation, ensuring that you receive a baseline education on legal terminology and processes relevant to your case. In doing so, our goal is to make you feel more comfortable and prepared as you navigate the legal system.

Still Have Questions? Ready To Get Started?

For more information on Navigating Legal Jargon, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (404) 681-4000 today.

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