Criminal Defense Terms and Definitions

Bench warrant An order issued by the court for the arrest of a person Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. Felony A felony is a major crime for which the maximum imprisonment is more than one year in a state correctional institution. The court may also impose a fine. Felonies are classified into four categories: capital, 1st degree, 2nd degree, and 3rd degree Accessory A person who assists in the commission of a crime, either before or after the fact. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Miranda rule The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Levy A seizure; the obtaining of money by legal process through seizure and sale of property.

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	Did You Know?
	There are 3 basic types with standard of proof There are essentially three standards of proof applicable in most court proceedings. In criminal and delinquency cases, the offense must be proven beyond a reasonable doubt, the highest standard. In civil cases and neglect and dependency proceedings, the lowest standard applies by a mere preponderance of the evidence (more likely than not). In some civil cases, and in juvenile proceedings such a permanent termination of parental rights, an intermediate standard applies: proof by clear and convincing evidence.