For your convenience, we have provided some basic definitions for terms that you might encounter during your dealings with Hoover Municipal Court. These definitions should not be considered as comprehensive or as legal advice; they are only intended to serve as a primer to some basic legal terminology.

AFFIDAVIT:  A written statement of facts signed by an individual and notarized.  Affidavits are used in many aspects of the court are often filed with court documents.

APPEAL:  A legal action in which a litigant asks a higher court to review and reverse a lower court’s decision.

ARRAIGNMENT:  The first court appearance for a Defendant.  At the arraignment, the Defendant is informed of his rights and informed of the charges against him.  He/she is also advised of the possible penalties if found guilty.  The Defendant is asked to enter a plea of Guilty, Not Guilty.

BAIL/BOND:  Something of value given by the defendant to the Court to guarantee the defendant’s future appearance in Court.  Bond can be personal, surety, or cash only.  With a cash bond the defendant must deposit the entire amount of the bond with the Court using cash.  With a surety bond the defendant has the choice of depositing the amount of the bond with the Court for a non-refundable fee. With a personal bond the defendant is not required to put up the money. His (her) signature is his (her) promise to appear in court.  Should they not appear they would owe the court the full amount of the personal bond.  If the defendant fails to appear in court the bond may be forfeited and a warrant issued for his/her arrest. 

BENCH:  The area of the courtroom where the Judge sits.  It also can refer to the courtroom itself.

BENCH TRIAL:  A trial decided by a Judge instead of a Jury. 

BURDEN OF PROOF:  The duty to prove or disprove an allegation in court.

CASE LAW:  The body of law created by judges’ written opinions. 

CASE NUMBER:  The number that has been assigned to criminal complaint. The case number is not the number pre-printed on your traffic ticket.

CHANGE OF PLEA:  A hearing in front of the Judge wherein the defendant actually withdraws a previously entered plea of “not guilty” and enters a plea of either “guilty”.

CITATION:  A ticket issued by a police officer for minor offenses such as traffic matters which also specifies the date and time that a defendant must appear in Court for an arraignment. 

CONTINUANCE:  A written request by a plaintiff, defendant or attorneys in a case made to re-schedule a hearing or trial for cause. 

CONVICTION:  A verdict in a civil, criminal or traffic case in which the defendant is found guilty of the charge. 

COURT APPOINTED ATTORNEY:  The Judge may appoint an attorney for a defendant that cannot afford to hire an attorney.  Eligibility is based upon financial information provided by the defendant in a document called an “Affidavit of Indigence.” It is up to the sole discretion of the Judge to approve the application.

CRIMINAL COMPLAINT: A written statement of the facts alleging that the defendant has committed a crime.  The complaint usually includes the state statute or city ordinance number of the crime of the crime.

DEFENDANT:  The person who has been charged with a crime in a criminal case. 

DEFENSE ATTORNEY:  The lawyer who represents the defendant in any legal proceeding. 

DISCOVERY:  Discovery is an all encompassing term for a process by which either side in a litigation asks questions in writing that are answered under oath by the opposing party; discovery also encompasses the requesting of certain documentary evidence, for example, copies of written estimates, correspondence, photographs, receipts, contracts, etc.  Discovery is extremely limited in a criminal setting. 

DOCKET:  A list of cases on a court’s calendar or schedule. 

EVIDENCE:  The information used in court to prove or disprove an allegation.

FELONY:  A crime which can have extensive jail time and fines.  Felonies are not handled in Municipal Court and are bound over to the appropriate Circuit Court.

HEARING:  A court proceeding in which evidence is presented to determine facts that are in dispute. 

MAGISTRATE:  A Magistrate is a sworn court official assigned to perform certain functions. 

OFFENSE:  A violation of a criminal or traffic law, which results in a citation or complaint. 

PERSONAL RECOGNIZANCE:  A written promise by a defendant that he will appear in court for specified hearing. 

PLAINTIFF:  The party who has initiated the litigation.  In criminal cases, the state or local municipality is listed as the plaintiff in a complaint. 

PLEA:  The response made by a defendant to charges filed in a misdemeanor criminal or traffic complaint.  The two forms of pleas acceptable in court are “Guilty” or “Not Guilty”. 

PLEA BARGAIN:  An agreement between a criminal defendant and a prosecutor in which the defendant admits having committed a crime.  In return the prosecutor asks the Judge to impose a less severe sentence than had the defendant been convicted at a trial.  The Judge is not bound by the terms of a plea bargain.  A plea bargain ensures that a guilty defendant is punished. 

PRE-TRIAL:  A pre-trial is a conference conducted by the Court to determine whether or not the matter can be resolved without the need for a trial.  A criminal pre-trial is held with the prosecutor and defense lawyer and/or the defendant.  This is an opportunity for the defense attorney to review evidence contained in the prosecution’s file, including witness statements, photographs, etc. 

PROBABLE CAUSE:  A reasonable belief that a crime was committed, and the person accused of the crime was responsible. 

PROBATION:  Instead of sentencing a defendant to jail, the judge may place him on probation, which is a supervised form of release for a specified period.  While on probation the defendant must follow all instructions given by the probation officer.

PROSECUTOR:  The lawyer who represents the State or City in a traffic/criminal case. 

SENTENCE:  The punishment a judge imposes on a person convicted of a crime.

SHOW CAUSE:  A hearing held to determine if a defendant should be found in contempt of court for failure to follow a previous court order.  A finding of contempt can carry additional fine or jail time, as determined by the Judge. 

STATUTORY LAW:  Laws, or statutes, enacted by legislatures, such as the Alabama State Legislature or the United States Congress. 

SUBPOENA:  An official notice requiring someone’s appearance in court.  A subpoena is essentially an Order of the Court for a certain person to appear at Court on a certain date and time. A subpoena may be issued for a witness in either a civil or criminal case, and may also be used to force a witness to bring certain documents with him/her to the court hearing.  Failure to comply with a subpoena may result in a warrant being issued for the non-appearing person’s arrest.

SUMMONS:  A court notice telling you to appear in court at a particular time and place. 

TESTIFY:  The act by which a witness offers testimony in court. 

TESTIMONY:  Statements made by witnesses in court.

VERDICT:  The decision of the jury in a jury trial or of the judge in a bench trial.

WARRANT:  A court order to arrest you and hold you in custody until you appear in Court before the Judge.

WITNESS:  Someone who offers evidence in court.

Copyright 2006 City of Hoover, Alabama
100 Municipal Drive, Hoover, Alabama  35216 - (205) 444-7500
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