Shadow Wolf
Certified People sTabber & Business Owner
Here is a source for these terms that are defined legally:
Criminal Procedure
Criminal Procedure
Rule 7. The Indictment and the InformationStages of a Trial
Bail
After law enforcement arrests a suspect, a judge will set the suspect's initial bail, which is a specified amount of cash that allows the defendant to get out of jail after the initial arrest. If the defendant shows up for the proper court dates, the court refunds the bail, but if the defendant skips the date, then the court keeps the bail and issues a warrant for the individual's arrest.
Arraignment
The arraignment comes next. During an arraignment, a judge calls an individual charged with committing a crime, reads to the individual the criminal charges against laid against him or her, asks the accused whether the accused has access to an attorney or needs the assistance of a court-appointed attorney, asks the accused to plead, decides whether to amend the initial bail amount, and sets the dates of future proceedings.
Preliminary Hearing
The preliminary hearing follows the arraignment. At the preliminary hearing, the judge determines whether enough evidence exists for the prosecution to meet its burden of persuasion. The burden of persuasion refers to whether the prosecution even has enough evidence to make the defendant stand trial. The defense has the right to cross examine the government witnesses during this proceeding. Under the Fifth Amendment, a grand jury, rather than a judge, makes this determination when the defendant is charged with a "capital or infamous crime.”
Pre-Trial Hearing
A pre-trial hearing is the next step in the process. The prosecution and the defense team use the pre-trial to file motions before a judge. These motion usually concern whether the court should suppress certain evidence, whether certain individuals can testify, or whether the judge should dismiss all charges for lack of evidence.
Trial
After all these preliminary stages, the defendant stands trial. Both sides offer opening statements first, although the defense can reserve their opening statement until the prosecution “rests”—finishes presenting their case. The prosecution presents its witnesses and evidence first. Then, the defense presents its witnesses and evidence. After the defense rests, the defense offers a closing argument, and then the prosecution offers its final closing argument. After closing arguments, the jury deliberates and returns a verdict.
Rule 10. Arraignment(1) In General. The indictment or information must be a plain, concise, and definite written statement of the essential facts constituting the offense charged and must be signed by an attorney for the government. It need not contain a formal introduction or conclusion. A count may incorporate by reference an allegation made in another count. A count may allege that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. For each count, the indictment or information must give the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated. For purposes of an indictment referred to in section 3282 of title 18, United States Code, for which the identity of the defendant is unknown, it shall be sufficient for the indictment to describe the defendant as an individual whose name is unknown, but who has a particular DNA profile, as that term is defined in section 3282.
a) In General. An arraignment must be conducted in open court and must consist of:
(1) ensuring that the defendant has a copy of the indictment or information;
(2) reading the indictment or information to the defendant or stating to the defendant the substance of the charge; and then
(3) asking the defendant to plead to the indictment or information.