Criminal Defense Terms and Definitions

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. Abstract of record A short, abbreviated form of the case as found in the record. 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. Levy A seizure; the obtaining of money by legal process through seizure and sale of property. Bench warrant An order issued by the court for the arrest of a person Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Fourteenth Amendment Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials.

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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.