Criminal Defense Terms and Definitions

Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. Bench warrant An order issued by the court for the arrest of a person Fourteenth Amendment Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process. 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. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. 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. Accessory A person who assists in the commission of a crime, either before or after the fact. 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. 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.

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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.