These are the rules and regulations that govern the use of the court system. The "how to's" after the "thou shall not's" have occurred. There is Criminal Procedural Law and Civil Procedural Law. Usually these are located in different books. An example of a procedural law is when and how a motion is to be presented.
What is Procedural Law?
Laws that define the rights and obligations of people and organizations; what makes a crime a crime.
What is Substantive Law?
Actually or constructive breaking and entry of the structure of another with the intent to commit a felony or misdemeanor therein (A type of SUBSTANTIVE LAW).
What is a Burglary?
The taking of personal property of another through force or fear, from his or her person or immediate presence, with specific intent to permanently deprive the person of the property (A type of SUBSTANTIVE LAW)
What is a Robbery?
A serious crime punishable by death or imprisonment for more than one year in state prison (1/3 Crime Classifications).
What is a Felony?
A less serious crim punishable by payment of a fine or by imprisonment for less than one year in a county jail (2/3 Crime Classifications).
What is a Misdemeanor?
3/3 Crime Classifications: A minor violation of law that cannot be punished by imprisonment (minor traffic offenses):
What is an Infraction?
The beginning procedural stage in a criminal case where the defendant is told: 1) the charges against them, 2) their statutory rights, and 3) to enter a plea regarding these charges
What is an Arraignment?
The initial charging document that lists the types of offenses charged against the defendant.
What is a Criminal Complaint?
The defendant's response to the criminal charge: Guilty, Not Guilty, Not Guilty by Reason of Insanity, Double Jeopardy, Nolo Contendre (No Contest).
What is a Plea?
A defense that exempts the defendant from criminal responsibility due to an abnormal mental condition at the time of the crime (plea option 3/5).
What is a Plea of "Not Guilty by Reason of Insanity"?
The 5th Amendment Right to be free of being tried for the same offense twice (plea option 4/5).
What is a "Double Jeopardy" Plea?
Plea Option: Synonymous with guilty, however this plea is used so that the defendant cannot be used as an admission of liability in a civil suit or an agency proceeding arising from the same conduct (plea option 5/5).
What is a Nolo Contendre (No Contest) Plea?
A volutary relinquish of known and appreciated rights. For example: a waiver of constitutional rights or a waiver of time for trial.
What is a Waiver?
Coming before the judge. A "failure to appear" arises when one does not show up for court:
What is an Appearance?
A criminal charge is dropped without settling issues involved and without a trial:
What is a Dismissal?
A pre-trial hearing before a judge to determine if there is sufficient evidence to bind an accused over for trial. The rules of evidence are relaxed at this hearing and the burden of proof is only a preponderance of the evidence. It is a screening process before the real trial.
What is a Preliminary Hearing or Preliminary Examination?
A written accusation signed by a prosecutor charging one or more persons with a crime.
What is an Information?
Contains changed charges from the criminal complaint after the preliminary hearing.
What is a Felony Information?
A formal written accusation submitted by a grand jury charging one or more persons with a crime.
What is an Indictment?
When a criminal charge is dropped without settling the issues involved and without a trial.
What is a Dismissal?
A jury to determine whether the facts and accusations presented by the prosecutor warrant an indictment and the eventual trial of the accused.
What is a Grand Jury?