Criminal Defense Terms and Definitions

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. Alternative Dispute Resolution (ADR) Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation. Accessory A person who assists in the commission of a crime, either before or after the fact. Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. 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 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. 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. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Levy A seizure; the obtaining of money by legal process through seizure and sale of property.

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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.