Arrest Warrant - An arrest warrant is a written order of the court. The warrant issued by the judge based on a finding of probable cause that a crime has been committed by the person to be arrested. An arrest warrant must describe the offense charged in the information; command that the defendant be arrested and brought without unnecessary delay before the court; be signed by a judge; state or contain the name of the court; and state or contain the date of the issuance of the warrant.
Arraignment - The hearing shall consist of reading the complaint to the defendant or stating to him the substance of the charge and calling on the defendant to plead thereto. Arraignment shall be conducted in open court and, unless waived by the defendant.
Cash Bail Bond - A sum of money designated in an order fixing bail and posted with the court by a defendant or by another person on his behalf upon condition that such money will be forfeited if the defendant: (1) does not comply with the directions of the court requiring his appearance at the criminal trial or related proceedings and (2) does not otherwise render himself amenable to the orders and processes of the court.
Complaint - A complaint is an “information” used to commence prosecution of a misdemeanor.
Felony - Pursuant to 14 V.I. Code Ann. § 2(a)(1), a felony is a crime or offense, which is punishable by imprisonment for more than one year.
Information - The information is a written statement of the essential facts constituting a charged felony offense and is signed by the Attorney General or an authorized representative of that office.
Misdemeanor - Pursuant to 14 V.I. Code Ann. § 2(b)(2) every crime or offense declared to be a misdemeanor is punishable by imprisonment not to exceed one year. Further, when an act or omission is declared by the Virgin Islands Code or other law to be a crime or public offense, but without designation thereof as either a felony or a misdemeanor, and no penalty therefore is prescribed by the Virgin Islands Code or other law the act or omission is punishable as a misdemeanor.
Personal Recognizance - Pre-trial release based upon the person’s own promise that he will appear for trial or any proceeding in connection therewith as ordered by the court. This type of bail is used in place of bail bond when the judge is satisfied that the defendant will appear without the need for a surety bond or other form of security.
Property Bond - Real Property may be posted for bail if the equity in the property is equivalent to double the bail amount and over and above all debts and liabilities, and exclusive of property exempt from execution in accordance with 5 V.I. Code Ann. § 180(a)(2).
Summons - A notice signed by the judge or attested in his name and signed by the person empowered by law to take complaints. It requires the defendant to appear before the court in which the complaint is made at a time and place stated therein and inform the defendant that if he fails to so appear a warrant will be issued for his arrest. ance with 5 V.I. Code Ann. § 180(c), no attorney, marshal, police officer, clerk of any court, or other officer of any court shall be permitted to post bail in any action.
Surety Bond - An undertaking by the defendant and his sureties, jointly and severally, that the defendant shall appear for trial or any related proceeding as ordered and if he fails to do so, he and the sureties shall pay the Virgin Islands Government the amount set by the court as bail for the defendant, or the property used to secure the defendant’s release may be forfeited to the extent of the bail.
Unsecured Bail Bond - A bail bond in an amount for which the defendant is fully and personally liable upon his failure to appear in court when ordered to do so or upon his breach of a material condition of release, but which is not secured by any deposit of or lien upon property.