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Court Definitions
Aggravating Factors – factors involved in a crime that may cause a judge to increase the sentence from the advisory sentence.
Advisory Sentence – a guideline sentence that the court may voluntarily consider, typically a middle ground of the given sentencing range.
Bench Trial – the case in question is presented to a judge and the final judgement is determined by the judge.
Diversion Agreement – an agreement lasting six (6) or more months agreed upon by defense and prosecution that has set terms and conditions in which the defendant must abide; once the agreement is completed the prosecution may dismiss formal charges listed on the agreement.
Fact Finding Hearing – Only used in Juvenile Court Proceedings, a hearing conducted to determine the facts of a juvenile case and allow the court to administer a verdict.
Home Detention – a form of community corrections where a defendant is confined to their residence and place of employment as a term of sentencing.
Informal Adjustment – Only used in Juvenile Court Proceedings, when a juvenile has admitted to committing an offense and has agreed to set terms and behaviors written between attorneys and court staff.
Jury Trial – the case in question is presented to a jury and the factual questions and final judgement are determined by a jury.
Mitigating Factors – factors involved in a crime that may cause a judge to decrease sentence from the advisory sentence.
No Contact Order – a court order to limit or prevent communication and contact between parties involved in a criminal case.
Plea Agreement – an agreement between the defense and prosecution in which the defense agrees to admit guilt for some or all of the charges against them in exchange for concessions.
Probation – a period of supervision over an offender by the probation department; often comes with formal terms and conditions.
Prosecutor – a legal representative of the state responsible for presenting a case in criminal proceedings.
Protective Order – a civil form of a no contact order, must be filed by the individual seeking protection through the clerk’s office.
Restitution – a compensation request for any damages incurred during the charged incident that were not covered by insurance, restitution cannot be guaranteed in any case.
Subpoena – a document issued by the government to appear for a court proceeding under penalty for failure.
Victim Impact Statement – a written, or oral statement made during sentencing, allowing a victim the opportunity to speak about the impact of the crime and their opinion of the resolution.