Criminal Law Terms

< Criminal Lawyer

Bail Bond

Money paid to the court, either by the defendant or on the defendant’s behalf, as a guarantee that the defendant will appear at future hearings after being released from jail. If a third party posts the bail, then they vouch that the defendant will appear at court dates in the future. If the defendant fails to appear in court or otherwise violates the conditions of release, the bail money may be forfeited.

Bailiff

An employee of the court who is responsible for custody of the jury and aids the judge in maintaining courtroom order.

Bench Trial

A trial held without a jury, before a judge.

Bench Warrant

A court order that requires the arrest and appearance in court of a defendant (or a missing witness). Bench warrants are generally issued after a person fails to appear for a hearing. It may also be issued when the defendant violates the conditions of release or probation, or other court order.

Burden of Proof

The requirement that evidence be used to establish a certain amount of belief in the mind of a jury or judge. The burden of proof can vary depending upon the type and seriousness of the case and the court in which it is being heard.

• Prima facie: evidence which in and of itself can establish a given fact if not rebutted or contradicted
• Probable cause: circumstances and facts adequate to convince a person possessing a reasonable amount of caution that an offense was committed
• Preponderance: in civil cases, the burden of proof. The evidence must show that the fact the party seeks to prove is more likely than not. Evidence more credible and convincing to the mind.
• Clear and convincing: burden of proof in specific proceedings, such as termination of parental rights. A firm belief as to the allegations must be established by a measure of proof. Although difficult to quantify, this requires more proof than a “preponderance” and less than “beyond a reasonable doubt”.
• Beyond a reasonable doubt: the degree of belief that a prosecutor must establish in the mind of a criminal juror or judge, regarding all facts of a charged crime. No doubt, based upon reason and common sense, can exist as to any fact needed for the case to be proved.