Criminal Defense Terms and Definitions

Subpoena An official order to appear in court (or at a deposition) at a specific time. Failure to obey a subpoena to appear in court is punishable as a contempt of court. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Accessory A person who assists in the commission of a crime, either before or after the fact. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. Admissible evidence Evidence which can legally and properly be used in court. Dismissal without prejudice A dismissal which permits the plaintiff to sue again on the same cause of action or the state to proceed again. Dismissal with prejudice bars the right to subsequently bring an action on the same cause. Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. Alternative Dispute Resolution (ADR) Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation. Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right.

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	Did You Know?
	Plea Bargaining - a process whereby the prosecutor and defense attorney negotiate Process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation, or for dismissal of one or more of the charges in a multi-count information, or for dismissal of another case.