Criminal Defense Terms and Definitions

Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Misdemeanor A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C. Assault A willful attempt to illegally inflict injury on or threaten a person. Abstract of record A short, abbreviated form of the case as found in the record. Admissible evidence Evidence which can legally and properly be used in court. Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. 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. 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. Accessory A person who assists in the commission of a crime, either before or after the fact.

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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.