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Q: Defining Legal Terms--NOT ADVICE ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Defining Legal Terms--NOT ADVICE
Category: Relationships and Society > Law
Asked by: philobasileus-ga
List Price: $15.00
Posted: 10 Jul 2005 01:04 PDT
Expires: 09 Aug 2005 01:04 PDT
Question ID: 541764
Tough Question: I am NOT asking for legal advice. As I'm looking over
a friend's legal history, there are many undefined terms used in the
Court Events record. I've searched dozens of 'legal term' websites and
haven't found one bloody definition. I'm NOT asking for legal advice,
only definitions, perhaps specifically targeted towards Wisconsin, USA
laws as this is where the case takes place. Please define the
following: Bail/Bond Hearing, Signature Bond, Motion and Demand for
Discovery, Notice of Witness List, Judicial Transfer, Bound Over for
Trial, Deferred Agreement, Bail Continued. Moreover, the judge
'witheld adjudication' although accepted the guily plea. Why is this
done? How does one define 'adjudication' in this circumstance? A
finding of 'Deferred Pros/Sent' was found and the case status is
Deferred judgt./prosecute.' What does all of this mean? The website
where this public record is available is
http://wcca.wicourts.gov/caseDetails.do;jsessionid=090DE4471EAE320E50D2CA415356C9A8.render5?countyNo=13&caseNo=2005CF000785&cacheId=CB41F00E6CF4B15EF3827345040168BF&recordCount=1&offset=0
and more terms can be found by clicking on Court Record Events on the
right of the screen.

I would appreciate any help. I am looking for definitions and NOT
legal advice. I am not the party in question. Thanks!
Answer  
Subject: Re: Defining Legal Terms--NOT ADVICE
Answered By: politicalguru-ga on 10 Jul 2005 04:45 PDT
Rated:5 out of 5 stars
 
Dear philobasileus, 

Bail Hearing - "This is the hearing where it is determined whether the
accused should be kept in custody or released on bail." (Source:
Google Define: function,
<://www.google.com/search?hl=en&lr=&q=define%3A%22bail+hearing%22&btnG=Search>).

Bond Hearing, similarly, "[...] determines if you are to be granted
bail. This is usually the first hearing. The judge must set a
reasonable bail in all but a few cases. The size of the bail is
determined to a large extent by the seriousness of the crime. A theft
at gunpoint will obviously command a higher bail that a disorderly
conduct charge. The judge will also consider the probability that you
will flee. If you are a pillar of the community, have no prior arrest
record and family ties to the community, your chances for bail are
greatly improved. If you have a record of failing to appear for court,
the bond will most likely be set higher. This information is general
and should not be used for legal purposes. Always consult an attorney
before pursuing any legal matter." (SOURCE: Petersen Law Offices PC,
"Criminal Law Questions and Answers", FindLaw,
<http://library.findlaw.com/2000/Jan/1/127128.html>).

Signature Bond - if the defendant has been released, they are
committed to appear before court. One of the ways to ensure that is a
signature bond. "A signature bond is a signed promise to forfeit an
amount of money if a defendant fails to appear in court when
required." (SOURCE: ROBERT KING, "Terror suspect freed on bail", Sy.
Petersburg Times, <http://www.sptimes.com/2003/04/24/Hernando/Terror_suspect_freed_.shtml>).

Motion and Demand for Discovery - is placed by one of the legal sides,
in order to "bring a limited but contested matter before a court for
decision. A motion may be thought of as a request to the judge (or
judges) to make a decision about the case". (SOURCE: Wikipedia,
<http://en.wikipedia.org/wiki/Motion_(legal)>). In the case of motion
for discovery, one of the sides demands "discovery", that is "the
pre-trial phase in a lawsuit in which each party through the law of
civil procedure can request documents and other evidence from other
parties or can compel the production of evidence by using a subpoena
or through other discovery devices, such as requests for production
and depositions. In American law, discovery is wide-ranging and can
involve any material which is relevant to the case excepting
information which is privileged or information which is the work
product of the lawyers other side". (SOURCE: Wikipedia,
<http://en.wikipedia.org/wiki/Discovery_(law)>). In short: this is a
request to present all evidence or information regarding the case.

Notice of Witness List - a notice is an annoucement you give to the
judge regarding your intentions. In this case, this is the
presentation of the witness list: "The list of people you intend to
call during your trial or hearing. The judge will tell you when the
witness list is due. If you do not file your witness list, the court
may sanction you by not allowing you to call your witnesses." (SOURCE:
Glossary of Family Law Terms,
<http://www.state.ak.us/courts/glossary.htm>).

Judicial Transfer - Is a decision to transfer the case to another
court, for example in cases of a minor tried, in order to try him or
her as an adult (or vice versa); or for jurisdiction matters. It is
defined as "the decision as to the appropriateness of a trial in a
special court".

"bound over for trial" - "At the completion of the preliminary
hearing, if the judge finds that it is reasonable to believe that the
defendant committed a felony, the defendant is sent to the Court to
stand trial." (SOURCE: Dodge County District Attorny, Glossary,
<http://www.co.dodge.wi.us/da/glossary.html>). Another definition at
Google <://www.google.com/search?hl=en&lr=&q=define%3A%22Bound+Over%22&btnG=Search>.

Deferred Agreement (and the rest of your questions) - refer to a
situation where the court decides to defer/postpone the disposition of
the case, provided that the defendant has pled guilty (or hasn't
contested the charges), and is in fact on probation - the disposition
might be cancelled and the case would be dismissed, after the period
of probation. See also:
Big Report: "To withhold formal judgment pending the outcome of the
probation period. If an individual is given deferred adjudication and
he or she successfully completes the probation and conditions assigned
by the court, the charges are dismissed." (Glossary of Terms,
<http://www.bigreport.com/Subpage.aspx?ChannelID=15>).
Tom Green : "After a defendant enters a plea of guilty to the court,
the judge may defer (postpone) the actual finding of guilt and place
the defendant on a probationary term up to two years. During this
time, the defendant abides by the same probation rules as a regular
probationer, and if there are no infractions during the probation
term, the case will then be dismissed without the defendant ever
having been found guilty of the offense. If the defendant violates the
terms of probation, then the case is placed back on the docket as if
the probationary term never existed" (SOURCE: GLOSSARY OF TERMS USED
IN THE DISTRICT ATTORNEY'S OFFICE,
<http://www.co.tom-green.tx.us/datty/LegalTerms.htm>).

In the case of your friend, the status "open" indicates that she is
still on probation and that she was granted probation after she pled
guilty on both charges.

Recommended Legal Sites
=======================
These sites could explain more about the inside workings of the legal
system, and some also contain a "Legalese - English" dictionary:

FindLaw
<http://www.findlaw.com/> 

Answers.com - Legal Dictionary
<http://www.answers.com/library/Legal%20Dictionary> 

Answers.com - Legal Section
<http://www.answers.com/main/legal.jsp> 

I hope this answers your question. Please contact me if you need any
clarification on this answer before you rate it.
philobasileus-ga rated this answer:5 out of 5 stars and gave an additional tip of: $1.00
Thank you very much. That answer is quite satisfactory. I now
understand so much more about this trial than I previously did. Great
job!

Comments  
Subject: Re: Defining Legal Terms--NOT ADVICE
From: politicalguru-ga on 11 Jul 2005 00:39 PDT
 
Thank you for the rating and the tip!

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