Criminal Defense Terms and Definitions

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 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. 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. Tort An injury or wrong committed, either with or without force, to the person or property of another, for which civil liability may be imposed. Abstract of record A short, abbreviated form of the case as found in the record. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. Alternative Dispute Resolution (ADR) Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation. Admissible evidence Evidence which can legally and properly be used in court.

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	Did You Know?
	Miranda rule and Miranda rights are important 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. The rights include: a. The right to remain silent and to refuse to answer any questions; b. The right to know that anything the suspect says can and will be used against the suspect in a court of law; c. The right to consult with an attorney and to have an attorney present during questioning; d. The right to have counsel appointed at public expense, prior to any questioning if the suspect cannot afford counsel.