Appeal: A request for the Superior Court to review and reverse a court's decision.
Arraignment/First Appearance: Reading the complaint to the defendant in open court or stating the substance of the charge, and advising the defendant of certain rights and possible penalties.
Bench Warrant: A warrant issued by the court (from the bench) for the arrest of a person for failure to appear or failure to comply with a court order.
Community Service: Work done for a municipality or nonprofit organization for a certain period of time without pay. By law, the Judge must order community service for certain traffic offenses and may order community service for criminal convictions.
Continuance/Postponement: The adjournment of a case.
Court Calendar or Docket: A listing of matters scheduled to be heard during a court session.
Downgrade: An indictable complaint reviewed by the County Prosecutor and remanded to the Municipal Court as a lesser charge.
Disorderly Person Offense (DP): Violation of a criminal code or statue head in Municipal Court; fines may not exceed $1,000, and jail terms may not exceed 6 months.
Failure to Appear (FTA): The failure to any party to appear in court in response to a complaint/notice issued.
Indictable Offense: A serious criminal offense referred to the County Prosecutor for a determination if the case should be presented to the Grand Jury and heard in Superior Court.
Motion: A written or oral request to a court for a ruling of law.
Petty Disorderly Person Offense (PDP): Violation of a criminal code or statue heard in Municipal Court; fines may not exceed $500, and jail terms may not exceed 30 days.
Probable Cause: Facts or circumstances found to exist when presented to a judge or court administrator indicating a strong possibility that an offense has been committed.
Pro-Se or Self-Represented: One who does not retain a lawyer and represents himself or herself in court.
Subpoena: A command to appear at a certain time and place to give testimony about a certain matter.
Surety: The owner of bail posted with a court.
Transcript: An official printed copy of court proceedings.
Violations Bureau: The court office where fines/costs may be paid.
People involved:
Complainant: The Complainant is the person who signed the complaint (may be a private citizen or law enforcement officer). The Complainant is a witness for the State and will generally be given an opportunity to speak with the Municipal Prosecutor about the case. Once a complaint has been filed, it cannot be withdrawn, and it generally cannot be dismissed without the consent of the Prosecutor.
Defendant: The Defendant is the person formally accused of the violation. The Defendant will be informed of the charges, possible penalties and right to a lawyer. The Defendant is presumed innocent until the proven guilty beyond a reasonable doubt. The burden of proof is always on the State. The Prosecutor must prove that the Defendant committed each part of the offense charged. The Defendant has the right to testify or not testify.
Victim: If there is a trial, the victim may be called as a witness. If the Defendant pleads guilty, no trial is needed, but the victim has a right to address the court before the Judge decides what sentence to impose.
Prosecutor: The Prosecutor is the lawyer hired by the municipality to represent the State.
Public Defender: The Public Defender is the lawyer hired by the municipality to represent those Defendants, charged with a conflict of magnitude, who cannot afford their own lawyer.
Defense Attorney: The Defense Attorney is the lawyer the Defendant hires to present him or her.
Witness: Someone who testifies or offers evidence in Court.