Criminal Defense Terms and Definitions

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. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. Miranda rule 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. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. Bench warrant An order issued by the court for the arrest of a person 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. Manslaughter A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. 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

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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.