Criminal Defense Terms and Definitions

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. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. Alternative Dispute Resolution (ADR) Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation. Admissible evidence Evidence which can legally and properly be used in court. Abstract of record A short, abbreviated form of the case as found in the record. 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. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. 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. Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location.

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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.