Glossary for Court Terms

When I hear a term in court that I do not understand or I think people might not understand I jot it down in my notebook, look it up and add it here.

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##### 18B attorney

An attorney given to a person by the court. (County Law Sec. 18b.) See assigned counsel.

##### § 250.20 Notice

Notice of alibi. Within twenty days after arraignment, the people may serve upon the defendant or his counsel, and file a copy thereof with the court, a demand that if the defendant intends to offer a trial defense that at the time of the commission of the crime charged he was at some place or places other than the scene of the crime, and to call witnesses in support of such defense, he must, within eight days of service of such demand,

##### 30.30 Time

Under the Sixth Amendment, of the Constitution “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” This provision is codified in New York as 30.30 time. Criminal Procedure Law Section 30.30 provides that a judge must grant a motion to dismiss if the People exceed these time periods: Violations (includes vehicle and traffic law infractions) under CPL Section 30.30(1)(d) have a 30 day 30.30 clock; Misdemeanors under CPL Section 30.30(1)(b) Class “A” Misdemeanors have 90 days 30.30 time, while Class “B” Misdemeanors have 60 days 30.30 time under CPL Section 30.30(1)(c); Felonies under CPL Section 30.30(1)(a) have 180 days of 30.30 time.

##### 80.80 Time

Refers to Criminal Procedure Law Section 180.80 which states that there must be a preliminary hearing or grand jury action taken by the DA in a defendant’s case within 120 hours of their arrest (within 5 days or 144 hours if there is a weekend or holiday occurring during confinement). If no action has been taken, and the defense attorney has not consented to the adjournment, the defendant must be released on their own recognizance. If a defendant is released pursuant to CPL §180.80 it does not mean that the charges against the  have been dismissed and they will still be required to attend all scheduled court appearances.

##### Accusatory Instrument

A paper filed with the court charging a person with one or more offenses.

#####ACD

Adjournment in Contemplation of Dismissal. A decision to put off a trial for a certain amount of time, usually six months. If the conditions of the ACD are met then the case is dropped.

##### Approach

a bench conference: a meeting with the attorneys and the Judge at the judge’s bench to talk about something in the case. It may or may not be a part of the official record.

##### Article 730

An order for the examination of a defendant to determine whether he is an incapacitated person under article 730 of the Criminal Procedure Law.

##### Bail

A money deposit (usually cash) given to the court to release a defendant or witness from custody and to make sure that he or she comes back to court.

##### Bail Bond

A legal paper that a person buys from a bondsman and gives to the court instead of money. If the defendant doesn't come to court as ordered, the bondsman must pay the amount of money on the bail bond to the court.

##### BBO

Bring Back Order . A court order to a detention facility (such as the jail or a mental health facility) that a defendant in their custody be brought to court for a scheduled appearance.

##### Bench Warrant

There are many different kinds of warrants but most commonly in New Rochelle City Court a bench warrant will be issued for a defendant who fails to appear without good cause.  An order in writing is issued and signed by a Judge to arrest and bring a person to court because the person did not appear in court as required.

##### Bill of Particulars

A formal list of statements that clarify or detail the charges and/or facts in a case. Usually given after a request is made.

##### Case Conferencing

A case is conferenced with both sides and the judge or the judge’s court attorney to try to settle the case before going to trial.

##### COC

Certificate of Compliance. When prosecution has provided the discovery. file with the court a certificate of compliance; available all known material and information subject to discovery; readiness for trial.

##### Certificate of Readiness

A paper given to the court saying that you are ready for trial.

##### CIC

Change in Circumstances. Words often used to explain a change in a court order.

##### Conditional Discharge

A court requirement relating to rehabilitation, restitution and or reparation such as no new arrests; participation in a treatment or substance abuse program; obtain and maintain employment; support dependents and meet family obligations; perform Community Service.

##### CPL

Criminal Procedure Law. A set of laws that lists the procedures to be followed in criminal cases in New York State.

##### C.P.L.R.

Civil Practice Law and Rules. The New York State law that gives procedure for civil cases.

##### Crawford Hearing

When a defendant presents a court with information showing that there may be an “immediate and significant deprivation of a substantial personal or property interest” from the issuance of a temporary order of protection, the court must conduct a prompt evidentiary hearing to ascertain the facts necessary before deciding whether to issue a temporary order of protection. Matter of Crawford v. Ally, 2021 N.Y. Slip Op 04082 (1st Dept., June 24, 2021).

##### Docket

A record with the complete history of a case.

##### Docket Number

A number that identifies a court case. In Criminal Court the first two numbers show the year that the case was filed. The third character is a letter that shows the county, and the last six numbers show the specific case. See index number. Multiple dockets, split by jurisdiction or crime type, a defendant may have multiple lawyers for multiple dockets in multiple jurisdictions or multiple courts.

##### Drug Court

A court that hears only cases involving non-violent drug offenders. These offenders are then sentenced to rehabilitation programs that are under the supervision of the court.

##### Grand Jury

A group of 16 to 23 citizens who listen to the prosecution’s evidence then decide if there is probable cause (a reason) to believe a person committed a crime and to charge him or her with that crime.  See also indictment.

##### IDVC

Integrated Domestic Violence Court is a specialized Supreme Court Part developed to allow a single judge to hear related cases involving domestic violence victims and their families. The goal of the court is to change the way the justice system treats families and children by promoting more informed judicial decision-making, creating consistency in orders of protection and reducing court appearances, as well as providing enhanced services to victims and ensuring defendant accountability.

##### IID

Ignition Interlocking Device. An ignition interlock device or breath alcohol ignition interlock device is a breathalyzer for an individual's vehicle. It requires the driver to blow into a mouthpiece on the device before starting or continuing to operate the vehicle. If the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration, the device prevents the engine from being started.

##### Indictment

The decision by a grand jury that says there is enough evidence that the defendant committed the crime to justify having a trial.  Used mainly for felonies.  See information. A document that contains the list of charges that the grand jury will vote on to decide whether there is enough reason to continue on to trial.

##### MHATI

Mental Health Alternatives to Incarceration  or MHATI provides community services to people with serious mental illnesses by using both intensive and supportive case management. People with serious mental health and those with co-occurring disorders who have been arrested on a misdemeanor or non-violent felony charge may be sentenced to participate in treatment and services under the supervision of the MHATI program.

##### Non-Monetary Bail Conditions

Nonmonetary condition of release means a condition of a defendant's pretrial release imposed by the court that is not based on payment of bail/bond.

##### NOI

Notice of Issue. To place a case on a court trial calendar after its filed, typically leads to a pre-trial conference being held, typically indicates the case is ready for trial on a given date.

##### ROR

Release on Own Recognizance. When a person is released from custody and is not made to pay bail because of his or her promise to come to court to answer a criminal charge; to be free from custody without bail while a case is pending.  This is usually called parole.

##### Second Call

The calling of the names of the cases listed on the calendar by the clerk. Usually done at the beginning of the court day.

##### SCI

Superior Court Information (SCI): A written document that lists the felony and/or misdemeanor charges against the defendant. It is filed by the District Attorney with a superior court when a defendant waives his or her rights to a grand jury hearing. SCI is a frequently used term where the acronym stands for *Superior Court Information*, a legal document prepared and filed by the District Attorney’s Office with the Defendant’s consent; a conversation that happens between the prosecutor and defense counsel. Individuals in New York State have a right to have their felony case heard by a Grand Jury. Therefore, they must consent to resolving their case through an SCI. In fact, waiver of Grand Jury Indictment must be done in writing, in open court and in the presence of the defense attorney.

Related terms are: SCI Control Date; SCI Grand Jury; SCI MH or SCI Mental Health.

##### SMI

Serious Mental Illness

##### TAP

Trial Assignment Part. Trial counsel for all parties must appear and be ready to commence trial (and, in cases in which juries have been demanded, to select a jury) or schedule a trial date.

##### TASC

Treatment Accountability for Safer Communities: TASC is a membership association representing over 220 programs across the United States that are dedicated to the professional delivery of assessment and case management services to substance involved criminal justice and court populations. TASC is represented heavily in some states such as Florida, New York, North Carolina, Ohio, Pennsylvania, Illinois, Arizona and Colorado.

##### Voir Dire

French:  “To speak the truth.” The process by which Judges and lawyers choose members of the jury by questioning them to make sure they can decide the case in a fair way. ADA will voir dire a defendant before accepting a guilty plea to confirm defendant understands the implications of their guilty plea.

##### VOP

Violation of Probation

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##### Forms

- QSCI

- SMH

- 1K - witnesses

- Jury Waiver Form

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##### Resources

[New York State Criminal Justice Handbook]

##### Lawyer Types

A Felony Panel

Legal Aid

18B