Criminal Law Tools

Glossary of Criminal Law Terms

Arraignment - A proceeding during which a judge informs the accused of the criminal charges against him or her, asks the accused whether he or she has an attorney or wants a court-appointed attorney, asks how the accused will plead to the charges, determines whether to modify the initial amount of bail and sets a schedule for future court dates.

Bail - An amount of money that the accused must post so that he or she can get out of jail. If the accused shows up for future court dates, the bail money is returned. If, however, the accused doesn't show up or flees, the court will keep the money and issue an arrest warrant.

Felony - Generally, a crime that is punishable by imprisonment of more than one year.

Grand Jury - The grand jury decides whether there is sufficient evidence to indict a suspect and continue the criminal proceedings against him or her. The grand jury does not decide guilt or innocence.

Indictment - The formal process of charging a person with a crime.

Misdemeanor - Generally, a crime for which the maximum possible punishment is incarceration for one year or less.

Miranda Rights - Refers to a suspect's constitutional right to an attorney and right against self-incrimination. The name comes from the Supreme Court case of Miranda v. Arizona (1966). Police must inform suspects of these rights upon arrest or when they detain a suspect. If the police fail to do so, any information obtained from an investigation is inadmissible in court.

Parole - The supervised release of a prisoner from incarceration into the community before the end of his or her sentence.

Plea Bargain - A negotiated agreement between a criminal defendant and a prosecutor that resolves the criminal matter. The prosecutor may agree to reduce a charge, drop one of several charges or recommend a more lenient sentence in exchange for the defendant's guilty plea, often to a lesser offense.

Probable Cause - Information enough so that there is a reasonable belief that a crime has been committed. Police must have probable cause before arresting a suspect or performing a search. This is also the standard for obtaining a warrant.

Probation - A type of criminal punishment that allows a person to stay in the community (instead of going to jail) as long as he or she complies with certain conditions, such as regularly reporting to a probation officer, refraining from alcohol and drugs and not committing further crimes.

Prosecutor - The attorney who represents the federal, state or local government in a case against a criminal defendant. Also known as district attorney, county attorney, city attorney, United States attorney or state attorney.

Sentence - The punishment for a criminal conviction. The severity of the sentence generally depends on the nature of the crime for which a person is convicted. Sentences include: fines, community service, restitution, alcohol or drug rehab, probation, suspended sentence (only will be implemented if the individual fails to adhere to certain conditions) and incarceration.

Warrant - An order directing or allowing some action to be taken. Generally, a warrant is a document signed by a judge that allows the police to arrest a suspect; search a home, business or other location or seize property.

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Recent Case Results

November, 2009:
Two men were arrested in a car after police claimed they had seen the driver (Mr. Sprowls’ client) throw a quantity of cocaine out the window and on to a city street. At a pre-trial suppression hearing, Mr. Sprowls successfully argued to the judge that the evidence should be suppressed. Once the evidence was suppressed, the D.A. had no choice but to dismiss all criminal charges. The defendant ended up pleading guilty to a speeding ticket!
October, 2009:
A few months after Mr. Sprowls’ client was arrested during the execution of a search warrant, Mr. Sprowls got the felony charges dismissed. The defendant had been found inside an apartment with prescription pills, marijuana, cocaine, and drug paraphernalia in the room next to where the defendant was standing. Mr. Sprowls used his extensive knowledge of search and seizure law and the facts of the case to convince the D.A. that the case could not be proven against his client and persuaded the prosecutor to dismiss the charges.
August, 2009:
The police arrested two boys and charged them with felony Criminal Mischief, claiming the boys had caused damage in excess of $500.00 to a local municipal park. The boys denied the charges. The end result? Mr. Sprowls got the case dismissed in exchange for the boys’ promise each pay only $100.00. The moral of the story? Never accept the word of the police as truth -- they lie and exaggerate just as much as anyone else.
August, 2008
Two men were arrested and charged with Burglary in the Third Degree, a Class D felony. Mr. Sprowls' client had just finished serving 22 years in state prison and was on parole.

Within five weeks of the defendant's arraignment, Mr. Sprowls got the case dismissed and the defendant is a free man.
March, 2008:
A high school-aged boy and four of his friends were arrested and charged with multiple felonies, including Burglary in the First Degree and Criminal Possession of a Weapon in the Third Degree. If convicted of the Burglary Charge as an adult, Mr. Sprowls’ client could have been sentenced to anywhere between 5 and 25 years in state prison. In October, 2008, after extensive investigation and interviews with witnesses, Mr. Sprowls got the case dismissed and his client’s bright future remained intact.
February, 2008
Five people were arrested in a commercial establishment during the execution of a search warrant. The store was a "weed spot" and had been selling to a steady stream of customers for months.

Mr. Sprowls' client was in the common area of the store when the police entered and no marijuana was found on his person.

Within a month of his arrest, Mr. Sprowls got the case against his client dismissed.
December, 2007
Two men were arrested in the City of Newburgh and charged with multiple Class D Felonies, including Grand Larceny in the Third Degree and Criminal Possession of Stolen Property in the Third Degree. Mr. Sprowls' client had a lengthy criminal record going back over thirty years with a prior felony conviction. The D.A. was out for blood and insisted that the two men would go to state prison for these crimes.

Of course, Mr. Sprowls could represent only one of the defendants. After investigating the case and researching the applicable law, Mr. Sprowls advised his client to refuse all plea offers and to remain ready for trial.

The co-defendant was subsequently indicted and his case was transferred to County Court where he is looking at a state prison sentence.

Mr. Sprowls' client is now a free man. Because Mr. Sprowls knew the law and the facts of the case, all of the charges were dismissed and the defendant is home with his family.

Criminal Law Tools

Glossary of Criminal Law Terms

Raymond D. Sprowls, Attorney at Law | Overview | SEM