presentence
report - An investigation
conducted at the request of the court after a person has been found guilty of a crime. The purpose is to provide
the court with extensive background information to determine the appropriate sentence. On felonies, usually done by
the Department of Corrections, Division of Adult Probation & Parole (AP & P).
presentment (first
appearance) - In felony cases,
the first appearance before a judge at which the defendant is formally notified of the charges and a date is set
for a preliminary hearing. No plea is entered at this stage. If, after the preliminary hearing, the case is bound
over to the District Court, the defendant will enter a plea during arraignment in District Court. (Presentment is
often incorrectly called arraignment.)
prima
facie - Literally, "on its
face." A fact presumed to be true unless disproved by some other evidence. In a criminal case, when the prosecution
rests, the state's case is said to be prima facie, if the evidence so far introduced is sufficient to
convict.
privileged
communications - Confidential
communications to certain persons that are protected by law against any disclosure, including forced disclosure in
legal proceedings. Communications between lawyer and client, physician and patient, psychotherapist and patient,
priest, minister or rabbi and penitent are typically privileged.
probable
cause - A judicial finding
that there exists reasonable grounds for belief that a person should be arrested or searched.
probate
- The process of proving the validity of
a will.
probation
- A sentence releasing a convicted
criminal into the community or a treatment facility under the supervision of a probation officer, requiring
compliance with certain conditions. If the conditions are not met, the court orders an "Order to Show Cause"
hearing as to why probation should not be revoked and the sentence imposed.
pro se
- For himself; in his own behalf. One who
does not retain a lawyer and appears for himself in court.
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