Legal Terms, Explained

Acquittal

A finding of "not guilty" by a judge or jury. The case ends, and you cannot be tried again for the same charge.

ALR hearing (license hearing)

After a DWI arrest, a separate hearing about whether your driver's license will be suspended. It must be requested within a short time after the arrest. See DWI Defense.

Arraignment

An early court date where you are formally told the charge and asked how you plead. Your attorney can often handle it for you.

Bond (bail)

A promise, usually backed by money, that you will come back to court, so you can be released from jail while the case goes on.

Bond conditions

Rules you must follow while out on bond, such as no contact with a certain person, no alcohol, drug testing, or an ignition interlock device. Breaking them can send you back to jail.

Bondsman (surety)

A company that posts bond for you in exchange for a fee. The fee is usually not returned.

Charge

The crime you are accused of. Being charged is an accusation, not a finding of guilt.

Community supervision (probation)

A sentence served in the community instead of jail, with rules to follow and regular check-ins with a probation officer. See Probation Violations.

Complaint

A sworn statement that starts many cases by saying what crime someone is accused of.

Continuance (reset)

Moving a court date to a later day. Resets are very common and are often a normal part of preparing the defense. See Why Cases Take Time.

Conviction

A final finding of guilt by a judge or jury, or after a guilty plea. A conviction stays on your record unless the law allows it to be sealed.

Court-appointed attorney

A lawyer the court assigns, at no cost or low cost, to someone who cannot afford to hire one.

Defendant

The person accused of the crime.

Deferred adjudication

A type of probation in Texas where the judge does not find you guilty yet. If you complete it successfully, the case is dismissed without a conviction, and you may be able to have the record sealed.

Discovery

The process of the prosecutor sharing the evidence with the defense: reports, videos, lab results and statements.

Dismissal

When a case is dropped and ends without a conviction.

District Attorney (DA, prosecutor)

The lawyer who represents the State of Texas and decides whether to bring, change or drop a charge.

Docket (court setting)

A court's list of cases for a given day. A "setting" is your case's place on that list.

Evidence

Anything used to try to prove or disprove what happened: videos, photos, records, lab results, objects and testimony.

Expunction (expungement)

A court order to destroy the records of an arrest or charge, usually when the case did not end in a conviction. See Expunctions and Nondisclosures.

Felony

A more serious crime that can be punished by time in state jail or prison.

Grand jury

A group of citizens who review a felony case in private and decide whether there is enough evidence to formally charge it.

Indictment ("true bill")

The formal felony charge a grand jury issues when it decides the case should go forward.

Information

The formal charging paper for a misdemeanor, filed by the prosecutor.

Magistrate

A judge who sees people soon after arrest, explains the charge, and sets bond and bond conditions.

Misdemeanor

A less serious crime than a felony. It can still carry jail time, fines and a lasting record.

Motion

A written request asking the judge to do something, such as lower a bond, change a condition or keep out certain evidence.

Motion to suppress

A request asking the judge to keep evidence out of the case because it was gathered illegally, for example after an unlawful search.

Motion to revoke (motion to adjudicate)

A prosecutor's request to end someone's probation because they are accused of breaking its rules.

No-bill

When a grand jury decides there is not enough evidence to formally charge a felony.

Not filed (case not filed yet)

After an arrest, the prosecutor has not yet decided whether to formally charge the case. It does not mean the case was dropped. See Why Cases Take Time.

Order of nondisclosure

A court order that seals a criminal record from the public, including most employers. Law enforcement can still see it.

Plea

Your answer to the charge: guilty, not guilty, or "no contest" (not contesting the charge without admitting it).

Plea agreement (plea bargain)

A deal between the defense and the prosecutor, often to a lesser charge or a set punishment. You always decide whether to accept it.

Personal bond (PR bond)

A release where you promise to return to court without paying money up front.

Pretrial diversion (pretrial intervention)

A program that lets some people complete conditions, such as classes or community service, in exchange for the case being dismissed.

Probable cause

A reasonable basis to believe a crime happened. Police usually need it to arrest someone or to get a search warrant.

Protective order

A court order that can require a person to stay away from someone and have no contact with them. An emergency version may be issued at bond in family-violence cases.

Restitution

Money a court orders paid back to someone for their loss.

Sentence

The punishment a judge or jury sets after a conviction.

State jail felony

The lowest level of felony in Texas.

Subpoena

A court order requiring someone to come to court or to hand over records.

Trial

The hearing where a judge or jury hears the evidence and decides guilty or not guilty. The State must prove guilt beyond a reasonable doubt.

Verdict

The decision at the end of a trial.

Voir dire (jury selection)

The part of a trial where the lawyers question possible jurors and the jury is chosen.

Warrant

A judge's order allowing police to arrest someone (arrest warrant) or to search a place, phone or car (search warrant).

Wondering why your case is taking so long? See Why Cases Take Time.

This page is general information, not legal advice. Words can have more specific legal meanings depending on the case. Ask your attorney what a term means for you.