Commonly Used Legal Terms Southeast Michigan And Macomb County Attorney Resources

  • Adjournment: The delay or rescheduling of a court session or legal proceeding to a later date.
  • Affidavit: A formal written statement of facts that is sworn to be true, typically verified by an oath or affirmation.
  • Amendments to Probation Order: A request made by the probation officer to the court for adjustments to the terms of a probation order.
  • Appeal: As established in People v Pickett, a probationer has the right to challenge either a probation order or revocation through an appeal to the Michigan Supreme Court.
  • Arraignment: A court proceeding where the defendant is formally informed of the charges, assigned counsel if needed, and allowed to enter a plea.
  • Bail Bond: A financial agreement made by the defendant and their sureties to guarantee the defendant’s appearance at court.
  • Bench Warrant: A directive from the court for the arrest of a person due to a violation of a court order.
  • Bind Over: A decision in a preliminary examination that sufficient evidence exists for a case to proceed to trial.
  • Bond Investigations: An investigation to assess the defendant’s background and determine the appropriate bond type and amount to ensure court attendance.
  • CCH: The Computerized Criminal History maintained by the Michigan State Police, available to law enforcement and the public via online access.
  • CTN: Criminal Tracking Number, which is assigned by the prosecuting attorney for tracking a criminal case.
  • Circuit Court Misdemeanor: A serious misdemeanor that carries a penalty of more than one year in jail, processed similarly to a felony in circuit court.
  • Citation: The official court copy of the ticket that serves as the original complaint in a case.
  • Civil Infraction: A non-criminal offense, often a traffic violation, that may result in civil penalties rather than criminal punishment.
  • Client Information Release Authorization: A consent form that allows a defendant to permit a counselor or social worker to release information to the probation officer.
  • Cobbs Plea: A type of guilty plea in which the defendant is informed of a judge’s preliminary sentence evaluation, with the right to withdraw the plea if the final sentence exceeds that evaluation.
  • Complainant: The individual who files a complaint, often used interchangeably with "plaintiff" or "victim."
  • Confidentiality: The legal protection of probation records, which can only be accessed by authorized personnel such as judges, probation officers, and law enforcement.
  • Contempt of Court: Any action that disrupts court proceedings or undermines the authority or dignity of the court.
  • Controlled Substances Act: A set of laws governing the regulation of drugs, found under Michigan Compiled Laws section 333.7401 et seq.
  • Convict: To determine or declare someone guilty of a criminal offense in a legal setting.
  • Crime Victim’s Rights Act: Legislation outlining the rights of victims of crime, including protections and the processes for seeking remedies.
  • Defendant: The person who is accused or charged with a criminal offense in a legal case.
  • Deferred Judgment of Guilt: A legal procedure allowing a judge to postpone a guilty verdict while the defendant fulfills certain probationary conditions.
  • Delayed Sentencing Act: A law that allows a judge to delay sentencing for up to a year to provide the defendant with a chance to prove eligibility for leniency.
  • Destruction of Records: The process of removing or obliterating criminal records and other official documents, usually following established retention schedules.
  • Disposition: The final decision or resolution of a case, whether through dismissal, settlement, verdict, or judgment.
  • District Court: A court where criminal cases begin. Misdemeanors are handled here, while felonies are transferred to a higher court for trial.
  • District Court Magistrate: A judicial officer who can set bail, accept pleas, and conduct hearings for minor offenses in district court.
  • Docket: The official record of a case’s progress and proceedings in court.
  • Electronic Monitoring/Tether: A form of supervised probation where the probationer’s movements are tracked, and restrictions are placed on their freedom.
  • Expunge: To remove or erase records, such as criminal history, from public or official records.
  • FAC (Failure to Answer Citation): When a person fails to respond to a traffic citation, resulting in a suspension of their driver's license until the issue is resolved.
  • FCJ (Failure to Comply with Judgment): A failure to adhere to the court's decision regarding civil infractions, similar to a failure to answer citation.
  • Felony: A serious criminal offense punishable by more than one year of imprisonment, processed in circuit court.
  • GPS Tether: A more advanced form of electronic monitoring that tracks a probationer's real-time movements and sends alerts when restricted areas are entered.
  • Holmes Youthful Trainee Act: A program for young offenders (17 to 20 years old) that allows them to avoid a criminal conviction if they complete a rehabilitation program.
  • Inactive Case: A case that remains unresolved due to factors such as the defendant absconding or failure to be arraigned.
  • Incarceration: The act of imprisoning someone as a result of criminal conviction.
  • Interim Bond: A temporary bond set by law enforcement at the time of arrest for a minor offense, allowing the defendant to be released pending arraignment.
  • Jury: A group of individuals selected to determine the verdict in a court case based on the evidence presented.
  • Killebrew Agreement: A ruling in People v Killebrew that limits the trial court’s involvement in plea negotiations and ensures defendants have the option to withdraw a guilty plea if the court rejects a plea deal.
  • LEIN (Law Enforcement Information Network): A state-run system that provides access to criminal records and other law enforcement data for authorized users.
  • Magistrate: A judicial officer with authority to handle specific legal matters, such as setting bail or conducting hearings in lower-level courts.
  • MADCPO: The Michigan Association of District Court Probation Officers, a professional group for probation officers in district courts.
  • Mail-In Probation: A type of probation where individuals living far from the court must regularly communicate with their probation officer by mail to verify compliance.
  • MCL (Michigan Compiled Laws): The codified collection of statutes that govern the laws of Michigan.
  • MCR (Michigan Court Rules): The set of rules that govern court procedures in Michigan.
  • Minor: A person under the legal age of adulthood, typically under 18 in civil law and under 17 in criminal law.
  • Minor Offense: A less serious violation where the penalties are limited to a fine or short imprisonment.
  • Misdemeanor: A criminal offense that is less serious than a felony, punishable by a fine or imprisonment of up to one year.
  • MJI (Michigan Judicial Institute): The training division within the State Court Administrative Office that provides educational resources for judicial staff.
  • Motion: A formal request made to the court for a ruling or order on a specific issue.
  • Municipal Court: A local court with jurisdiction over certain civil and criminal matters, typically within a specific city or municipality.
  • Nolle Prosequi: A legal term indicating that the prosecutor has decided to discontinue or drop the charges in a case.
  • Nolo Contendere/No Contest: A plea where the defendant does not admit guilt but agrees to accept conviction and sentence without contesting the charges.
  • Non-Reporting Probation: A probation arrangement where the defendant is not actively supervised but must verify compliance with probation conditions at the end of the term.
  • Notice of Hearing: A document informing the parties involved of a scheduled court hearing or proceeding.
  • Offense: An illegal act or violation of law, whether criminal or civil.
  • Order: A written directive issued by the court, typically resolving a matter or providing a final decision in a case.
  • Ordinance: A law or regulation established by a local government authority.
  • ORI (Originating Agency Number): A unique identifier assigned to a law enforcement agency for tracking criminal data.
  • PACC Charge Code: A specific code used by prosecutors to identify criminal offenses in Michigan’s legal system.
  • Parole: Conditional release from prison before a sentence has been completed, subject to compliance with set conditions.
  • Peace Officer: A law enforcement officer authorized to enforce the law and maintain peace, including sheriffs, police officers, and conservation officers.
  • Personal Recognizance: A form of release in a criminal case where the defendant is trusted to appear in court without paying bail.
  • Petition: A formal written request made to the court asking for a specific action or decision.
  • Plaintiff: In criminal cases, the state or local government entity that prosecutes the case on behalf of the public.