Criminal Law Terms

< Criminal Lawyer

Parole
Parole is the conditional release of a convict from prison before the expiration of a felony sentence. Parolees (released persons) need not serve the remaining portion of the sentence, unless a violation of parole terms occurs, such as the commission of another crime, association with certain persons, etc. A parole officer assigned to the case will supervise the parolee to ensure that the appropriate transition to regular life occurs. Most prisoners are eligible for parole if they have behaved as exemplary prisoners, and are able to demonstrate reformed behavior.

Petition
Petitions are formal, written requests made to an official person or body. (A petition may be directed to a court, judge, or board, for instance.) The right to petition is guaranteed by the First Amendment to the US Constitution, which states that all citizens have the right to petition the government for a redress of grievances.

Plaintiff
Plaintiffs are the persons who originally file a court action. Most commonly, the plaintiff refers to civil suits. In some cases, the defendant in a civil suit may counter-sue, becoming a plaintiff in the same suit.

Plea
A plea is the defendant's response to the criminal charges filed against him/her. Normally, the plea is entered by the defendant/defense attorney during the initial hearing Defendants are allowed to change pleas later in the trial process in a procedure known as "plea bargaining". Entering into a plea bargain means that the defendant will plea guilty, usually to lesser chargers, in return for a reduced sentence. If a plea bargain occurs, the trial process for the charge(s) ceases and the judge sentences the defendant. Pleas include "guilty", "not guilty" and "no lo contendere" .

Probation
Probation is a sentencing option allowing defendants to avoid some/all incarceration, instead placing them under a probation officer's supervision and returning them to the community. There are specific rules regarding probation-for instance, probates may not violate any more laws while they are on probation. In some cases, the judge will set specific conditions that must be met as part of the probation agreement; alcohol counseling for persons convicted of a DUI, for instance. If the probation terms are violated, the defendant may be recommended to the judge for additional penalties by the probation officer.

Probation Order
A probation order is an official written directive from a court, sentencing the criminal to a probation term. Probation orders are signed by the judge and the defendant, and all legal conditions are outlined in probation orders, including the payment of fines, costs, and restitution. The defendant is legally bound by the probation order, and violation of the terms will often result in harsher punishment, such as imprisonment.

Pro Bono
Pro bono is short for the Latin term pro bono publico, meaning "for the public good." In most cases, legal services that are supplied pro bono are provided free of charge to the recipient. Attorneys who are performing pro bono services often do so because they believe the case is in the public's best interest.

Prosecutor
Prosecutors are attorneys who are appointed or elected to their position. The authority of a prosecutor may come from a constitution, a statute or an ordinance. The job of a prosecutor is to represent the state against a defendant in a criminal prosecution. The position of prosecutor may be called by different titles depending upon the government for which they work. Prosecutors are also called District Attorneys, State's Attorneys, County Attorneys, Commonwealth's Attorneys, etc.