Criminal Defense Terms and Definitions

Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. Accessory A person who assists in the commission of a crime, either before or after the fact. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Fifth Amendment Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal (or juvenile) proceeding. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. 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. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. Abstract of record A short, abbreviated form of the case as found in the record. Bench warrant An order issued by the court for the arrest of a person

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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.