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Legal Terminology > Basic NYS Legal Stuff > Flashcards

Basic NYS Legal Stuff Flashcards

1
Q

Information

A

A formal written accusation filed with a local criminal court which charges a person(s) with the commission of one or more offenses. It has the same legal effect as an indictment. Also called a Superior Court Information.

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2
Q

Indictment

A

A formal written accusation originating with a prosecutor and issued by a grand jury against an individual charged with a crime.

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3
Q

NYSID Number

A

New York State Identification Number

Assigned to a person when fingerprints are recorded at the time of booking.

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4
Q

ATI Program

A

Alternative to Incarceration. An ATI takes the form of a program designed to provide an alternative to a period of prison or jail. Most often, completion of an ATI is a condition of a sentence.

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5
Q

Warrant

A

Process issued by the court for the arrest or return of a person to court.

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6
Q

Central Booking

A

The main facility in NYC where people are brought for booking.

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7
Q

Civil

A

Any non-criminal legal action.

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8
Q

Catchment Area

A

A geographic area (such as a county or part of a county) from which the users of a service are drawn. The catchment area of the Hutchings Psychiatric Center, for example, encompasses 14 upstate counties, and it provides prenatal forensic psychiatric services.

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9
Q

Disposition

A

A final decision on a criminal charge wherein the charge is “disposed of.” It could be either a conviction or an acquittal, but it always means that the criminal charge is resolved (no longer pending) by the action.

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10
Q

Misdemeanor

A

An offense other than a traffic infraction for which a sentence to a term of imprisonment in excess of 15 days but no greater than 1 year may be imposed. Misdemeanors can also be punishable by fine or forfeiture.

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11
Q

Remand

A

To send a prisoner or defendant back into custody without bail to await further court appearance or transfer to another prison.

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12
Q

Protective Custody

A

Part of the jail reserved for prisoners who must be isolated because inmates in the general population may want to injure or exploit them.

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13
Q

Arrest Number

A

The number assigned to a case when a person is first arrested and brought to the precinct.

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14
Q

Precinct

A

A geographic division used by the police department.

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15
Q

Subpoena

A

A legal writ issued by a judge to cause an individual to appear before the court. It may also be issued by attorneys to obtain documents and depositions.

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16
Q

Trial

A

A judicial examination and determination of issues between parties to action before a court that has jurisdiction.

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17
Q

Acquittal

A

A decision by the trial jury or judge that a person is not guilty of an offense.

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18
Q

PSI

A

Pre-Sentence Investigation Report
A report prepared by the Department of Probation and submitted to the judge after a defendant has been convicted. The report details a defendant’s criminal history and recommends a sentence.

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19
Q

Legal Aid Society

A

A private, non-profit agency contracted by the city to provide legal representation to indigent defendants.

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20
Q

Recidivist

A

A person who repeatedly engages in criminal behavior.

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21
Q

Youth Parts

A

Created in 1992 in Manhattan, Brooklyn, Queens, and the Bronx, these Supreme Court Parts were created to hear cases of juvenile offenders. The purpose of these parts is to focus on the needs of the juvenile and to build programs and services into the case processing or case disposition.

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22
Q

Predicate Felon

A

A defendant who has at least two prior felony convictions.

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23
Q

Guilty Plea

A

An admission by a defendant who waives his/her right to trial and confesses to the crime charged.

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24
Q

Desk Appearance Ticket (DAT)

A

For certain charges, an arresting officer may give the defendant who is arrested for a relatively minor offense a Desk Appearance Ticket (DAT) and release the defendant, giving him/her a date to return to court for arraignment in criminal court on the arrest charges.

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25
Q

Case Dispositon

A

The sentencing or other final settlement of a case. (See “disposition”)

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26
Q

Extradition Hearing

A

A hearing to determine whether or not a defendant should be released into the custody of another jurisdiction for prosecution.

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27
Q

Stayed Sentence

A

A court order which withholds the sentence of an offender to allow him/her to demonstrate an ability to function in the community.

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28
Q

Indictment Number

A

The number assigned to a case once it is indicted. This number always ends with the last two digits of the year.

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29
Q

Bench Warrant

A

An arrest warrant issued by a criminal court directing officers to bring an individual who has previously been arraigned before the court. Bench warrants are typically issued when a defendant has failed to appear for a scheduled court appearance.

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30
Q

Fine

A

A financial penalty levied by a judge as punishment for a crime. For individuals convicted of crimes, the fine can be up to $1,000 for a misdemeanor, up to $5,000 for a felony, or three times the proceeds from the crime.

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31
Q

730

A

Section 730 of the Criminal Procedure Law provides that a judge who has reason to believe that a criminal defendant may be “incapacitated” must order that the defendant undergo a psychiatric examination.

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32
Q

Parole

A

A conditional release from prison of someone who has been incarcerated but is being released before the end of his/her mandatory release date. If a person violates the conditions of parole he/she can be sent back to prison.

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33
Q

Violation

A

The least serious criminal offenses. Violations carry a maximum sentence of $250 and/or 15 days in jail.

34
Q

Jail

A

A locally administered correctional facility where prisoners are detained while awaiting a sentenced term up to a year.

35
Q

NGRI

A

Not Guilty by Reason of Insanity
In the event that the defendant is found NGRI, they are not set free, but they are committed to a secure psychiatric facility for an indeterminate period of time.

36
Q

Punitive Segregation

A

A cell in either the general population area or in a special housing unit in which a prisoner is confined for a specified period of time as punishment or partial punishment for violating faculty rules.

37
Q

Geographic Team

A

Also known as “civil team,” this means any of the treatment teams at a state psychiatric center who take non-forensic clients based on the geographic area where the client lives.

38
Q

Pretrial Conference

A

A meeting held after arrest and before the formal trial process begins.

39
Q

MHLS

A

Mental Hygiene Legal Service
A court agency that is a watchdog for all mental health facilities. It guarantees that patients’ rights are protected and represents patients on non-criminal matters related to commitment.

40
Q

Split Sentence

A

A sentence that combines some period of incarceration by a period of probation.

41
Q

Vacate Order

A

An order entered by the court which cancels an earlier order.

42
Q

Bail

A

The sum of money that a defendant deposits with the courts to insure his/her reappearance at future court dates. If someone on bail fails to appear, the court keeps the bail and may issue an arrest warrant to have the police bring the defendant before the court.

43
Q

Incapacitated Person (Incompetent)

A

A person who, as a result of mental disease or defect, lacks the capacity to understand the proceedings against his/her own defense.

44
Q

Citation

A

A summons; an official notice to appear in court.

45
Q

Plea Bargain

A

An arraignment whereby a defendant offers a plea of guilty in return for a lighter sentence or reduced conviction charge.

46
Q

Unconditional Release

A

Also called “discharge,” used in the same way in criminal courts as in mental health facilities.

47
Q

Waiver

A

A voluntary decision by a defendant to eliminate a hearing, legal counsel, or some other right/procedure to which he/she is legally entitled.

48
Q

Motion

A

A formal request made by an attorney in court. Motions might be made to suppress a confession, dismiss a charge, obtain a competency assessment, etc.

49
Q

Verdict

A

Similar to “disposition,” except that it refers to the actual finding of the court or jury.

50
Q

Felony

A

A crime punishable by imprisonment for a term exceeding one year. There are various classes of felonies with varying sentences for each class. Felonies can be violent or non-violent.

51
Q

Probation

A

A sentence imposed whereby a convicted criminal offender is released into the community under the supervision of a probation officer in lieu of incarceration.

52
Q

Restitution

A

Reimbursement to the victim of a crime for the loss of expenses incurred, because of the crime, often imposed as a condition of probation.

53
Q

Halfway House

A

A temporary home which allows persons released from institutions to have a period of readjustment to community life.

54
Q

70.70 Day

A

The sixth day after a misdemeanor arrest, the prosecutor must corroborate the complaint against the defendant or release the defendant from custody by this day (speedy trial).

55
Q

N Parts

A

A felony waiver part where drug cases are headed after criminal court arraignment and before indictment. It is in this part that Superior Court Informations are prepared.

56
Q

SCI

A

Superior Court Information
A written accusation by a district attorney filed in a superior court charging a person with a crime. It has the same force and effect as an indictment.

57
Q

Adjournment in Contemplation of Dismissal (ACD)

A

A legal device which allows the case to be suspended (adjourned) for six months to a year. Charges are automatically dismissed at the end of that time if the defendant is not rearrested in the interim.

58
Q

Unconditional Discharge

A

A disposition following conviction in which the judge releases the perpetrator to the community without imposing restrictions, fines, imprisonment, or other forms of punishment.

59
Q

Docket Number

A

The number assigned to a case when the defendant is processed at Central Booking.

60
Q

ROR

A

Release on Own Recognizance

A court decision to release the accused on his/her promise to appear in court, rather than setting bail.

61
Q

Juvenile Offender (JO)

A

Juveniles in New York under the age of 18 being processed in the juvenile justice system for specific crimes. Although the procedures are the same as in an adult proceeding, the sentences are less than for an adult committing the same crime.

62
Q

Conditional Discharge

A

A sentence in which a person is released from custody with certain conditions enacted that must be followed in order to avoid possible incarceration.

63
Q

Summons

A

To notify a defendant that an action has been instituted against him/her and that he/she is required to answer to in court.

64
Q

Complaint

A

A written statement of the essential facts constituting the offense charged.

65
Q

390

A

Section 390 of the Criminal Procedural Law permits the judge to order, as part of a post-conviction pre-sentence report, a “mental examination.” Should this examination indicate that the defendant is mentally ill, the examination report may suggest treatment options to the judge.

66
Q

Grand Jury

A

A body of citizens whose duties include determining whether probable cause exists that a crime has been committed and whether an indictment (true bill) should be returned against an individual for that crime. If the grand jury determines that probable cause does not exist, it returns a “no true bill.” The grand jury is an accusatory body and it’s function does not include a determination of guilt.

67
Q

Suspended Sentence

A

A sentence of incarceration that has been stayed by the court.

68
Q

2 PC

A

Two Physician Certificate
An involuntary psychiatric commitment designed for use in non-emergency situations. The maximum length of commitment is 60 days.

69
Q

Arraignment

A

Procedure whereby the defendant is brought before the Court to plead to the criminal charge against him/her. The charge is read and the defendant is asked to plead guilty or not guilty.

70
Q

Keeplock

A

An operational procedure whereby an inmate is kept locked in his/her cell for disciplinary or administrative reasons.

71
Q

YO

A

Youthful Offender

A defendant ages 18 or less at the time the crime was committed who has no prior felony record.

72
Q

Court of Appeals

A

The highest court in the NYS Justice System.

73
Q

Good Times Allowance

A

A deduction from an inmate’s term of imprisonment for good behavior. The deduction is subtracted from the maximum term.

74
Q

Habeas Corpus

A

A writ or order requiring that a person be brought to court to decide whether he/she is being held lawfully.

75
Q

Determinate Sentence

A

A sentence to confinement for a fixed or minimum period that is specified by statute.

76
Q

Adjourn

A

To postpone action of a case to another specified time.

77
Q

Booking

A

To formally record charges against a person at the police station or at the receiving desk of the county jail.

78
Q

Temporary Order

A

Under Section 730 of the Criminal Procedure Law, an order by a judge committing someone who is found incompetent to stand trial for treatment and return to court for trial. Used exclusively in felony cases.

79
Q

Prison

A

State correctional facilities, such as Elmira or Attica, where felony sentences of more than one year are served.

80
Q

Violation of Probation

A

Any offense that contradicts the conditions of a defendant’s order of probation.

81
Q

180.80 Day

A

The sixth day after a felony arrest, the prosecutor must present the case to a grand jury by this day or the defendant must be released from custody (speedy trial).

Legal Terminology (1 decks)

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