Criminal Defense Glossary

The first court appearance where the defendant is formally advised of the charges and enters a plea (guilty, not guilty, or no contest). In California, felony arraignment must occur within 48 hours of arrest (excluding weekends and holidays) per Penal Code § 825.

A monetary amount set by the court as a condition of pretrial release. The purpose is to ensure the defendant returns for court appearances. In the Bay Area, median bail amounts range from $25,000 to $55,000 depending on the county and charge. After In re Humphrey (2021), California courts must consider a defendant's ability to pay when setting bail.

A trial conducted before a judge without a jury, where the judge serves as both the finder of fact and law. The defendant must waive their Sixth Amendment right to a jury trial. In the Bay Area, bench trials represent a small fraction of dispositions — approximately 0.5–1.5% of criminal cases go to any trial at all.

Evidence favorable to the defendant that the prosecution is constitutionally required to disclose. Named after Brady v. Maryland (1963). Includes exculpatory evidence, impeachment material, and information affecting witness credibility. Failure to disclose Brady material can result in conviction reversal.

The number of cases assigned to an individual attorney at a given time. The National Advisory Commission (NAC) standard recommends maximum annual caseloads of 150 felonies, 400 misdemeanors, or 200 juvenile cases per attorney. Many Bay Area public defender offices exceed these standards, with some attorneys carrying 200+ felony cases annually.

A process where law enforcement issues a citation requiring the person to appear in court rather than booking them into jail. Used for lower-level offenses. Cite-and-release rates vary significantly across Bay Area counties, from approximately 8% to 22% of pretrial releases.

The ratio of dispositions to filings in a given period, expressed as a percentage. A clearance rate below 100% means the court's backlog is growing — more cases are filed than resolved. Above 100% means the court is working through its backlog. Bay Area average clearance rate is approximately 96%.

A roster of private attorneys appointed to represent indigent defendants when the public defender has a conflict of interest (e.g., co-defendants in the same case). Panel attorneys are typically paid hourly rates ranging from $72–$226/hour depending on the county and case complexity. Bay Area counties maintain separate conflict panel programs.

A postponement of a court hearing or trial to a later date. Both the prosecution and defense can request continuances, though the right to a speedy trial (Penal Code § 1382) limits how long proceedings can be delayed. In the Bay Area, average days-to-disposition range from 110 to 185 days depending on the county.

The percentage of cases presented by law enforcement that the District Attorney's office declines to prosecute. Decline rates vary significantly by county — reflecting both DA policy and case quality. Bay Area decline rates range from approximately 6% to 22%.

The ratio of public defender office budget to district attorney office budget. A ratio of 1.0 means parity — equal funding for both sides. The ABA recommends parity. Nationally the average is approximately 0.52 (defense gets roughly half what prosecution gets). The Bay Area average is approximately 0.59.

The process by which the prosecution must share evidence with the defense before trial. In California, Penal Code § 1054 et seq. governs discovery obligations. This includes police reports, witness lists, forensic evidence, and Brady material. Electronic discovery (e-discovery) has expanded this obligation significantly.

The final resolution of a criminal case. Dispositions include conviction (by plea or trial), acquittal, dismissal, diversion completion, or transfer. The Bay Area processes over 200,000 criminal dispositions annually across 9 counties.

An alternative to traditional prosecution where the defendant participates in a program (drug treatment, mental health, community service) and, upon successful completion, the charges are dismissed. California has expanded diversion significantly through Penal Code §§ 1001.36 (mental health), 1001.95 (misdemeanor), and 3451 (mandatory supervision).

The Sixth Amendment right to not just any attorney, but a competent one. Under Strickland v. Washington (1984), a defendant must show that counsel's performance was deficient AND that the deficiency prejudiced the outcome. Excessive caseloads are increasingly cited as systemic barriers to effective assistance.

When a defendant does not show up for a scheduled court hearing. FTA rates are a key metric for evaluating pretrial release programs. Bay Area FTA rates range from approximately 8% to 18% depending on the county and release type. Lower FTA rates support arguments for OR release.

A serious criminal offense punishable by state prison (as opposed to county jail). In California, felonies are classified by potential sentence length. Bay Area courts process approximately 45,000–50,000 felony filings annually. Common felonies include assault with a deadly weapon (PC 245), burglary (PC 459), and drug possession for sale (HS 11351).

Refers to the constitutional right to appointed counsel established in Gideon v. Wainwright (1963). Also the name of a national organization dedicated to training and supporting public defenders. The 'promise' of Gideon — that every person facing incarceration will have competent representation — remains unfulfilled 60+ years later due to chronic underfunding.

A legal action challenging the lawfulness of a person's detention. A writ of habeas corpus orders the custodian (usually a jail or prison warden) to bring the detainee before the court and justify the detention. In California, habeas petitions are governed by Penal Code § 1473 et seq.

A client-centered model of public defense that addresses not just the legal case but also the underlying social, economic, and health issues driving criminal justice involvement. Teams typically include social workers, mitigation specialists, and community advocates alongside attorneys. Pioneered by the Bronx Defenders, adopted by several Bay Area offices.

A landmark 2021 California Supreme Court decision (In re Humphrey, 11 Cal. 5th 135) holding that courts must consider a defendant's ability to pay when setting bail. If the defendant cannot afford bail, the court must consider non-monetary conditions of release. This decision fundamentally changed pretrial practices across Bay Area counties.

Legal representation provided at public expense to defendants who cannot afford to hire a private attorney. In California, indigent defense is primarily delivered through county public defender offices, conflict panels, and contract attorneys. The Bay Area has 47+ defense providers across these categories.

The Judicial Council's process for determining how many judges each county needs based on caseload, case complexity, and population. When authorized judgeships exceed filled positions, vacancies result. Bay Area vacancy rates range from 0% (Napa) to nearly 12% (Sonoma).

A motion by a defendant to replace their appointed counsel due to ineffective representation or a breakdown in the attorney-client relationship. Named after People v. Marsden (1970). The hearing is conducted in camera (privately) to protect the attorney-client privilege.

A criminal offense punishable by up to one year in county jail (not state prison). Misdemeanors are less serious than felonies but can still carry significant consequences including jail time, probation, fines, and a criminal record. The Bay Area processes over 100,000 misdemeanor filings annually.

Evidence presented to reduce the severity of a sentence by providing context about the defendant's background, mental health, trauma history, and prospects for rehabilitation. Mitigation specialists are social workers or investigators who compile this evidence. Essential in serious felony and death-eligible cases.

Caseload standards established by the National Advisory Commission on Criminal Justice Standards and Goals (1973): maximum 150 felonies, 400 misdemeanors, 200 juvenile cases, or 25 appeals per attorney per year. These remain the most widely cited workload benchmarks, though many experts consider them outdated and too generous.

A plea where the defendant does not admit guilt but accepts conviction and punishment. Under California Penal Code § 1016(3), a no-contest plea has the same effect as a guilty plea for criminal purposes but generally cannot be used as an admission of guilt in a subsequent civil lawsuit — making it strategically valuable when civil liability is a concern.

Pretrial release without bail, based on the defendant's promise to appear for court hearings. The court considers factors like community ties, employment, criminal history, and flight risk. OR release rates across Bay Area counties range from approximately 25% to 48%, with San Francisco typically having the highest rates.

California's determinate sentencing law, amended by AB 124 (2021) to create a presumption that courts impose the lower term of a sentencing triad when certain mitigating factors are present (childhood trauma, mental health conditions, abuse history). This shifted sentencing practice significantly toward lower terms in appropriate cases.

A motion to access law enforcement personnel records for evidence of officer misconduct, dishonesty, or excessive force. Named after Pitchess v. Superior Court (1974). Governed by Evidence Code §§ 1043-1047. The defense must show good cause and describe the type of records sought. If granted, an in camera review occurs.

A negotiated agreement between the prosecution and defense where the defendant pleads guilty or no contest in exchange for reduced charges, a lighter sentence, or dismissal of other counts. In the Bay Area, approximately 90–96% of criminal cases are resolved by plea bargain rather than trial.

A hearing where a judge determines whether there is probable cause to believe a felony was committed and the defendant committed it. In California, the preliminary hearing must be held within 10 court days of arraignment (Penal Code § 859b) unless waived. The defense can cross-examine witnesses and challenge evidence.

Incarceration of a defendant before trial, typically because they cannot afford bail or are deemed too dangerous or too much of a flight risk for release. Approximately 65% of Bay Area jail inmates are pretrial detainees — held before being found guilty of any crime. This is a major Sixth Amendment and due process concern.

A tool used to estimate the likelihood that a defendant will fail to appear in court or commit a new offense if released pretrial. Common tools include the Public Safety Assessment (PSA) and Virginia Pretrial Risk Assessment Instrument (VPRAI). Their use is controversial — critics argue they can perpetuate racial and socioeconomic biases.

The Three Strikes Reform Act of 2012, which revised California's three-strikes law so that a life sentence is imposed only when the third strike is a serious or violent felony. It also allowed those already sentenced under the old law to petition for resentencing. Thousands of petitions have been filed statewide.

The Safe Neighborhoods and Schools Act, which reclassified certain nonviolent property and drug offenses from felonies to misdemeanors. Qualifying offenses include shoplifting under $950 (PC 459.5), petty theft (PC 490.2), and personal-use drug possession (HS 11377). Also allows retroactive resentencing petitions.

A federal program that forgives remaining student loan balances after 120 qualifying monthly payments while employed full-time by a qualifying public service employer. Public defender offices qualify. With average law school debt exceeding $160,000, PSLF is a significant financial benefit for defense attorneys.

A government-employed attorney who provides free legal representation to people charged with crimes who cannot afford to hire a private attorney. In California, each county operates its own public defender office. Bay Area PD offices collectively employ approximately 1,200+ attorneys, with starting salaries ranging from $75,000 to $110,000.

California's 2011 Public Safety Realignment Act, which shifted responsibility for supervising certain low-level offenders from state prison/parole to county jails/probation. Created Post-Release Community Supervision (PRCS) and expanded mandatory supervision. Significantly impacted Bay Area county jail populations and probation caseloads.

The tendency of a convicted person to reoffend. Measured as the rate at which formerly incarcerated individuals are rearrested, reconvicted, or returned to custody within a specified period (typically 3 years). California's 3-year reconviction rate is approximately 50%, though it varies widely by offense type and county.

An alternative approach to criminal justice that focuses on repairing harm through facilitated dialogue between the offender, the victim, and the community. Several Bay Area counties offer restorative justice diversion programs, particularly for juvenile and young adult offenders. San Francisco and Alameda County have some of the most established programs.

A motion asking the court to dismiss one or more 'strikes' in the defendant's record in the interest of justice. Named after People v. Superior Court (Romero) (1996). The judge considers the nature of the current offense, the defendant's background, and the spirit of the three strikes law.

A 2018 California law that narrowed the felony murder rule, requiring that the defendant was the actual killer, acted with intent to kill, or was a major participant who acted with reckless indifference to human life. Also created a resentencing petition process (PC § 1172.6) for those previously convicted under the broader rule.

California's determinate sentencing structure for most felonies, which provides three possible terms: a lower, middle, and upper term. For example, robbery (PC 211) carries a triad of 2-3-5 years. After AB 124 (2021), courts must impose the lower term when certain mitigating factors are present.

A privileged API key that bypasses Row Level Security policies. Used server-side only — never exposed to the browser. Defense Intel uses the service role key in API routes to securely read and write data without exposing database access to anonymous users.

The amendment to the U.S. Constitution guaranteeing the right to a speedy and public trial, an impartial jury, notice of charges, confrontation of witnesses, compulsory process for obtaining witnesses, and — crucially — the assistance of counsel. The foundation of the entire public defense system.

Under California Penal Code § 1382, a felony must be brought to trial within 60 days of arraignment on the information, and a misdemeanor within 45 days. These time limits can be waived by the defense but are strictly enforced against the prosecution. A violation results in dismissal.

A sentence where part is served in county jail and the remainder under mandatory supervision in the community. Created by Penal Code § 1170(h) as part of 2011 Realignment. The judge determines the jail-to-supervision split. Bay Area counties vary significantly in how they use split sentences.

California's enhanced sentencing law (PC § 667) imposing 25-years-to-life for a third serious or violent felony conviction. Reformed by Prop 36 (2012) to require the third strike to be serious or violent. Further reformed by various resentencing legislation. Still actively used in Bay Area courts, tracked in our sentencing analytics.

Credit given toward a sentence for time a defendant has already spent in custody before sentencing. Under Penal Code § 2900.5, a defendant receives day-for-day credit for all time spent in custody attributable to the case. Good conduct credits can increase this (PC § 4019).

The percentage of attorneys leaving a public defender office in a given year. High turnover (above 15%) indicates systemic problems — typically excessive caseloads, inadequate compensation, or burnout. Bay Area PD offices experience turnover rates ranging from 8% to 22%, creating chronic experience gaps.

The percentage of authorized judgeships that are currently unfilled in a given court. Calculated as vacancies divided by authorized positions. High vacancy rates increase caseloads per judge, delay hearings, and create pressure for plea bargains. Bay Area judicial vacancy rates range from 0% to nearly 12%.

An offense that can be charged as either a felony or a misdemeanor at the prosecutor's discretion. Common wobblers include assault (PC 245), vandalism over $400 (PC 594), and DUI with injury (VC 23153). The charging decision significantly affects potential sentence, collateral consequences, and plea negotiations.

Under Penal Code § 3051, individuals sentenced for crimes committed before age 26 are eligible for a youth offender parole hearing before the Board of Parole Hearings. The board must give 'great weight' to diminished culpability of youth and the hallmarks of youth (impulsivity, susceptibility to peer pressure, incomplete brain development).

A policy setting bail at $0 for certain offenses, effectively allowing OR release for those charges. Several Bay Area counties adopted emergency zero-bail schedules during COVID-19 (2020), some of which were later modified or made permanent. These policies significantly reduced pretrial jail populations.