Thursday, September 30, 2010

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Glossary
ACCUSATION - The charging document that a prosecutor uses to identify each specific type of crime alleged to have been committed by the defendant. An accusation in a DUIDWI case is typically several “counts” (each count is written and considered as a separate offense then set forth and described separately in the accusation) that identify in general terms, how, when and in what fashion each offense was committed. In DUI-DWI practice, a person might be accused in alternative “counts” of an accusation with (1) DUI-alcohol (drunk driving), (2) DUI-per se (being above the state’s minimum mandatory alcohol blood level), (3) DUI-drugs [impairment from prescribed or illegal

medicines. the judge and the jury to verify some fact or to confirm that some act has been accomplished. this is called a “continuance. necessity.Generally. The usual type of alcohol found in mixed drinks. breath sprays. depending on the substance and method of administration. Complications from acute intoxication may include trauma. Court rules or state statutes typically require a defendant to notify the opponent before the trial that an affirmative defense will be asserted. by being under the combined impairing effects of both alcohol and some type of drug. and convulsions.A written statement of fact that is verified by oath or affirmation before a notary public.e. wine and beer is ethanol.A finding by a judge or jury that a person who was tried for committing a crime is not guilty. often a different form of alcohol besides ethanol..Derived from Arabic. Upon receiving an Alford plea from a defendant. ACQUITTAL . ACUTE INTOXICATION . ADJOURNMENT . “adjudication” refers to the court entering its ruling of guilty or not guilty after a bench trial. In juvenile delinquency cases.(i. the chemical “alcohol” can be part of many products that contain some form of alcohol. AND (4) DUI-alcohol AND drugs. aspiration (vomit getting into your lungs). These are commonly offered to the court. Refers to a wide range of chemicals. ADJUDICATION . but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty.” Each state’s laws control when and under what circumstances an adjournment or continuance is available to either party. The defendant usually must prove (or set forth some evidence of) any affirmative defense he/she raises. as well as products such as sugarless chewing gum. AFFIDAVIT . whether suited for human consumption or not. delirium. cocaine) drugs]. coma. or coercion to avoid civil or criminal responsibility.The term used by medical facilities to refer to intoxication that is “of clinical significance” (potentially fatal). it is the equivalent of a ‘conviction. AFFIRMATIVE DEFENSE .The so-called Alford plea is a form of “guilty” plea in which the defendant does not admit the act. In some jurisdictions.Postponing or rescheduling a case or court session until another date or time. Another way of thinking of an affirmative defense would be as a valid excuse as to why the crime was committed or why the defendant should not be held to blame for the crime. cologne or deodorant. this term refers to a final judicial (by a court) determination of a decision in a pending case.Without denying the charge. the defendant raises extenuating or mitigating circumstances such as insanity.’ In typical criminal cases. the court may immediately pronounce the . ALFORD PLEA . mouth washes. ALCOHOL . However. The term “alcohol” is often used by lay persons to refer to alcoholic beverages made with ethyl alcohol or ethanol.

the Defendant must notify the prosecution prior to trial if they are going to claim an alibi defense.A “lack of presence” defense. the first court appearance after an arrest and release from jail on bond. However. some drivers may not be present after an accident when the police arrive at the scene. The Defendant need not prove that he was elsewhere when the crime happened. ATTORNEY . APPELLANT . . and one enters his or her plea of guilty or not guilty. ALIBI . the reviewing court considers only whether errors occurred during prior proceedings. ARRAIGNMENT . 400 U.defendant guilty and impose sentence as if the defendant had otherwise been convicted of the crime.Although usually associated with an attorney’s “entry of appearance” (see below). APPELLATE COURT .The party responding to an appeal filed by the opposite party in a higher court. a Prosecutor must disprove a claimed alibi (i. APPELLATE JURISDICTION . 25 (1970). Later use of the conviction as an aggravating factor (if the defendant is later convicted of another offense) is allowed in all courts. This plea originated in the United States Supreme Court case of North Carolina v. if not all. Although rare in DUIDWI cases. APPEARANCE .. exhibits or testimony at the trial. such as Massachusetts.e. where the charges are formally read. APPEAL . In most.A request to take a case to a higher court for review of proceedings in a lower court.The party appealing an adverse decision or judgment to a higher court. After the Alford decision. It is the appeal of the ultimate dismissal of charges that engenders most pleas of this type. one who is licensed to act as a representative for another in a legal matter or proceeding. one who is licensed to practice law. date and place indicated in a summons or other court notification.Typically. Most attorneys are licensed in and practice in one state. in many 294 states.A court having jurisdiction over appeals as opposed to a trial court that allows witnesses to testify under oath and enters rulings on admission of documents. Alford.The power and authority of a court (established by state law) to review a case that has already been tried by a lower court. Prosecutor must prove beyond a reasonable doubt that the defendant was present).A lawyer. the plea “Alford” plea generally has the same effect as a plea of guilty with respect to sentencing. this word can signify a client’s obligation to show up for court at the time.S. APPELLEE . No new evidence may be introduced during the appellate process. states. rather. a plea that “admits sufficient facts” more typically results in the case being “continued without a finding” (see description below) and later dismissed.

BREATH TEST . a surety bond puts up money or property that assures the appearance of the defendant or the payment of the defendant’s bail if the defendant fails to appear.A test to measure a person’s BAC by drawing the blood. Bail is forfeited if the person fails to appear in court as directed. the legal limit is 0. BOND .This refers to the evidentiary obligation of a party to legal proceedings having to “carry” the burden to prove his or her allegations during a trial. one should not agree to do so. For someone under 21. and in most cases.ATTORNEY-CLIENT PRIVILEGE . 0. information communicated in confidence to the attorney and legal advice received in return. BLOOD TEST . and to prevent another from disclosing.04%. a confidential communication between client and lawyer. but these are not admissible as evidence in court. the client (whether or not a party to litigation) has a privilege to refuse to disclose.The amount of alcohol in a person’s bloodstream.To set free a person arrested or imprisoned (pending trial or resolution of an appeal) in exchange for security such as cash.In criminal law. Some police jurisdictions also use roadside breath tests. usually done at a police station or a jail. refusal is possible for a person who is capable of refusing. Blood tests are often requested where substances other than alcohol are suspected to be impairing the driver in a DUI-DWI case.A written document presented to the court by a lawyer that sets forth both the facts of the case and the law which supports the lawyer’s case. forcible blood draws are authorized. and to prevent others from disclosing. as well as a warrant for the defendant’s arrest. credit card deposit or real estate.A test to measure your breath alcohol content.02%. the legal limit is 0.01% or 0. BAIL . In other states. The objective of the privilege is to enhance the value which society places upon legal representation by assuring the client the opportunity for full disclosure to the attorney. One does not have to agree to blow into a breath machine. Different levels of proof are required depending on the type of case. The failure to appear will typically cause the judge of the court requiring attendance to issue a “bond forfeiture” order. the attorney is professionally obligated to claim it on his client’s behalf whenever the opportunity arises unless he has been instructed otherwise by the client. The attorney-client privilege authorizes a client to refuse to disclose.In all legal matters. In some states. BRIEF . unfettered by fear that others will be informed. BLOOD ALCOHOL CONTENT/LEVEL (BAC) OR (BAL) . BURDEN OF PROOF . While the privilege belongs only to the client.00%. usually done in a hospital. For persons of any age driving a commercial vehicle.08% in all states. The person who agrees to be the “surety” is financially obligated to pay the bond if the person fails to appear. or where an accident may require that the person suspected of drunk driving is already going to a hospital. This phrase is . The adult (age 21 and over) legal limit in drunken driving cases is . depending on the state the offense is committed in.

as a practical matter. the burden of proof rests on the prosecutor to prove each and every element of the charges.C. rather than one after the other. By copying the case names (State v. and it was not raining. COMMON LAW .G. Consecutive sentences may only be imposed if there is specific statutory authority to do so. but circumstantial evidence says it did.Upon conviction for multiple crimes. consecutive sentences may be imposed within the judge’s discretion (e. He did not SEE it rain.m. CHARGES . For example. and index.” CIRCUMSTANTIAL EVIDENCE . In criminal cases.m. Each reported (and some unreported) decisions by appellate and even trial level decisions in some states is given a unique set of alphanumeric identifiers that help attorneys refer to the case so others can look it up and review the ruling by that court. Abbreviations for statutory provisions in this book may be a byproduct of the “code” citation. Example: Official Code of Georgia Annotated is abbreviated O.A. Jones) and the numbers and words following (233 N. and published by legislative authority.C.employed to signify the duty of proving the facts in dispute on an issue raised between the parties in a cause. are called “consecutive” sentences.g. App. as every person is presumed to be innocent until the contrary is proved. at 7:30 p. circumstantial evidence that it rained recently can be obtained by a witness testifying that he went into his house at 6:00 p.A collection of written laws arranged into chapters. In some circumstances.. this is a legal shorthand method of referring to a particular criminal or civil case that has been decided by a court. After the prosecutor has presented such evidence. roadways and trees are wet. CONSECUTIVE SENTENCE . Later. For example. you will frequently see such cases used as references for legal points that are made either in the text itself or in the footnotes. you can find the entire case itself. rather than at the same time. criminal sentences that must be served one after the other. or other criminal complaint form used to inform an accused person of the existence of a criminal offense against him or her. These are also sometimes merely called “criminal charges. when a person is convicted of a new offense . table of contents. CITATION .A type of indirect evidence that implies something occurred but does not directly prove it.. the defendant may need to rebut (challenge) the prosecutor’s evidence. the Iowa Code is a collection of laws approved by the Iowa legislature. he comes outside and the ground. indictment. In this book.Similar to a unique web site address [URL]. a criminal sentence can be ordered by the judge to be served at the same time as another criminal sentence.A formal accusation. CONCURRENT SENTENCE .Law based upon previous decisions of courts or referring to the body of laws passed down from England to America. 456) as a whole and entering this information into either a legal search engine or into Google.Upon conviction for multiple crimes. CODE . even though the burden of proof in criminal cases never shifts to the defendant.

CONTEMPT OF COURT . and typical rules include being able to prove several criteria exist that justify the Court resetting the case to a future date. This type of ruling or order is sometimes called an “instructed verdict of acquittal. the judge need not appoint an attorney. CONVICTION . consecutive sentences are mandatory under state law. this is called an “adjournment.This phrase refers to any act or conduct that shows disrespect for the court’s authority. DEPOSITION . upon motion made by the defense attorney. a trial judge’s directive (order) to a jury to return a specified verdict of “not guilty. DEFENDANT . The person cross-examining the witness may utilize a series of questions. A court-appointed attorney is not necessarily a “free” attorney. Deposition testimony may be introduced as evidence in a court proceeding.Refers to legal counsel assigned by the court to represent an indigent criminal defendant.The person accused of a crime.Finding by a judge or jury that a person is guilty beyond a reasonable doubt of committing a crime.In criminal cases. Only a few states allow deposition testimony in criminal cases.” . Contempt usually means a person has failed to obey a court order. contempt that can result in jail time must occur within the courtroom or in the presence of the judge.” usually because the prosecutor failed to prove its case. the court can order that some or all of the attorney’s time utilized on behalf of the client be reimbursed.” Each state’s laws control when and under what circumstances an adjournment or continuance is available to either party. although depositions are very common in civil cases. COPPING A PLEA . plus documents and other exhibits (such as videotape) to case doubt on the testimony of the witness. In other circumstances.committed while on parole status). but given under oath before a court reporter pursuant to authority given by statute or court rule. COURT-APPOINTED ATTORNEY . Other forms of contempt are typically punished by fines. In some jurisdictions. CONTINUANCE . Leading questions are not permitted to be asked by the party who offers the witness for providing evidence on their behalf.This term refers to postponing or rescheduling a case or court session until another date or time.See “Plea Bargain” below. If there is no chance jail time will be imposed on a defendant on a misdemeanor. Contempt can be punished by a fine or imprisonment. Questions on cross-examination (as opposed to direct examination) can be “leading” (questions that suggest the answer to the witness).The testimony of a witness not taken in open court. DIRECTED VERDICT .The process of challenging the evidence presented by a witness who is testifying for the opposite side in a trial. CROSS EXAMINATION . to take testimony in preparation for trial. Generally.

If the defendant meets the conditions set by the court. The rule is derived from the 4th and 5th Amendments to the United States Constitution. DOCKET .Also known as adjournment in contemplation of dismissal or conditional dismissal. the charge will be dismissed. etc. a plea of “double jeopardy” is a procedural defense based upon state and/or federal constitutional rights (and possibly statutory rights in some states) that forbids the government from trying an accused citizen a second time for a crime. DIVERSION . EVIDENCE . a defendant would plead “autrefois acquit” or “autrefois convict” which merely meant that the defendant had been acquitted or convicted of the same offense before. A program in which a defendant is put on probation for a set period of time and his or 297 her case does not go to trial during that time. EXCLUSIONARY RULE .In criminal law. an object.A list or index of cases and case events maintained by the clerk of court. and provided to the prosecutor and judge. These state laws can offer more protection than the United States Constitution offers to a citizen. In some jurisdictions.Entrapment occurs when police engage in impermissible conduct that would induce an otherwise law-abiding person to commit a crime in similar circumstances. . advising that the attorney has undertaken representation of a specific individual. ENTRY OF APPEARANCE .” while the assistants who work for him/her are “assistant district attorneys” (ADA). Entrapment does not occur if the defendant has the propensity to commit the crime.A lawyer elected or appointed to serve as a prosecutor for the state in criminal cases. This defense is almost never viable in a DUI-DWI case. after having already been tried for the same crime. Some jurisdictions have no statutes authorizing diversion in DUI-DWI cases. Diversion is generally only allowed for first offenders.DISTRICT ATTORNEY . this prosecutor’s title is “state” attorney or solicitor. Some states have enacted state constitutional provisions or state statues to give citizens more protections under state laws that track the protections covered by the federal 4th and 5th Amendments. or when police engage in conduct so reprehensible that it cannot be tolerated by the court. ENTRAPMENT .A fact presented before a court such as a statement of a witness.This is a court-made rule preventing illegally obtained evidence from being used by the government in its case-in-chief against a criminal defendant. as that term is defined by state law. DOUBLE JEOPARDY . In ancient common law. that bears on or establishes a point in question. This term can also mean a list of cases on a court calendar for a specific day or term of court.A document filed by an attorney with the court.. and the police conduct only gives the defendant the opportunity to commit the crime. The common abbreviation for the elected District Attorney in a jurisdiction is “DA.

Such meetings are highly suspicious. and certain types of sexual abuse. EXPUNGEMENT . HEARSAY . The reason that hearsay is often kept out of a trial is that it is considered unreliable. There are dozens of long-established exceptions to the general rule that hearsay statements are inadmissible in court. Most experienced attorneys advise their clients against attempting the evaluations due to inconsistent officer training. EX-PARTE . not from the witness stand at the present proceeding) that is offered into evidence not merely to prove that the statement was made but to prove that it was true.e.A Latin term that means “by or for one party. Instead of having someone testify about what they heard someone else say. Not available in some states. FIELD SOBRIETY TESTS . FELONY . HABEAS CORPUS (Petition for) – From the Latin.. and can result in legal penalties against the party that meets with a judge without the opponent being present or even being notified. it is much more reliable to have the person who actually made the statement testify. kidnapping. as well as the subjective nature of these exercises. manslaughter.EXCULPATORY EVIDENCE . the exceptions are based on . This can also be done between nations.” A petition for habeas corpus is a petition to bring a person (typically a prisoner) before a court or a judge for a hearing on whether the person is being held or detained illegally. it is directed to and served upon the official person detaining another. commanding that the person produce the body of the prisoner or person detained so the court may determine if such a person had been denied his or her liberty without the process of law.A statement made outside of court (i.Various roadside exercises that are used by law enforcement officers to determine whether or not a person is likely to have an alcohol content at or above the legal limit. this translates to “you have the body.This is the formal application process whereby the prosecuting authority of one jurisdiction seeks the turnover of a person who has been located in one state to the authorities in another state where that person has been accused of or convicted of a crime. EXTRADITION – EXTRADITE .” This refers to situations in which only one party appears before a judge without the adversary being present. Examples of felonies include murder. field sobriety evaluations are optional in almost all jurisdictions. defective administration of the evaluations.A crime considered to be of a graver nature than a misdemeanor and punishable by more than a year in prison. The conviction may or may not be totally removed from all aspects of a criminal record.Evidence that the Prosecutor may possess that could establish a person’s innocence or be used by his or her attorney to prove some fact that could cast doubt upon his or her guilt. Although police routinely do not advise of the voluntary nature of these evaluations. robbery. In most common usage.A process where a conviction may be set aside either upon the passage of time or the completion of certain conditions. where a person has fled from one country to another to avoid being brought to justice. burglary.

Also called “jury instructions” or “jury charges.” .Regarding something that is cited as legal precedent later in the same document.The right and power to interpret and apply the law to a particular case. INDICTMENT . These are called “peremptory strikes. One definition relates to the authority of a court to hear and rule upon certain types of cases. deathbed statements. based on an affidavit of a person allegedly having knowledge of the offense. In a criminal case.A number of people. self incriminating statements.. INTERLOCUTORY . selected according to law. It may or may not be required (in a few states) to have a unanimous decision for either a conviction or an acquittal. issued by a grand jury (a special jury of everyday citizens that is assembled to decide if sufficient evidence exists to go forward with the prosecution) INFORMATION . each attorney is allowed a given number of arbitrary “strikes” (eliminations) of those on the panel. An “interlocutory appeal” involves an appeal of a matter within a case before the case is concluded or final.Also called.A formal accusation of a felony. to determine if such jurors are fit for jury duty in a given case. by the attorneys (in most jurisdictions) and by the judge. It applies to legal orders or decrees given by a court before it issues its final decision.circumstances where the out-of-court statements carry a strong likelihood of trustworthiness (e. JURY . This is sometimes called “subject matter jurisdiction. Once all questions and answers have ended.). JURY SELECTION . panels of 6 to 12 jurors (depending on state law) can hear misdemeanor offense cases. the City Limits).” these are directions given by the judge to the jury concerning the law of the case and on the applicable legal principles that the jury is duty-bound to follow in deciding guilt and innocence. This is an inquiry of prospective jurors. and sworn to listen to certain matters of fact and declare the truth based upon evidence presented to them. JURISDICTION . temporary or preliminary. the law in some states limits the place or geographic area that a police officer can arrest a person to being the area where a crime is committed and observed within the officer’s “jurisdiction” (e.g.g. Any juror revealing an inability to be impartial to the parties or issues will be stuck (taken off) the jury panel by the judge either by the judge’s own action or upon a well founded motion made by either attorney for removal. etc. INSTRUCTIONS . INFRA . statements made to doctors about medical conditions.A legal term that means provisional. By way of example.” This term can also refer to a limitation on the extent of authority or control. voir dire.A formal accusation of crime.. and 12 will typically be required to hear felony cases.

courts at every level have carved dozens of exceptions into the rule so that its effect is watered down. that he or she can stop any interrogation at any time and have counsel present. The court’s permission is required for the nolle prosequi to be valid. thefts of property not exceeding a certain value (possibly $500). accusation. This warning advises the person being detained that he or she does not have to talk to police. MIRANDA WARNING . MISTRIAL . who do not wish to undergo a trial. MISDEMEANOR . Examples of misdemeanors may include simple battery (hitting someone). with many states capping fines at $1000.Offenses considered less serious than felonies. NOLO CONTENDERE PLEA . commanding the performance of a particular act.The name of a writ that is issued from a court of superior jurisdiction. a motion addresses an issue that is within the court’s discretion to order some form of guidance as to how the trial will proceed. Typically. uniform traffic citation or information against him/her with a view to possible later civil action. it is not final and you can be re-accused later). directed to a lower court or a public officer. and aggravated. Maximum fines for misdemeanors vary from state. NOLLE PROSEQUI – NOL PROS . but $5000 is usually an upper limit. and his right to legal counsel before talking to police. the entry of a nolle prosequi by a court is not an adjudication of the case on the merits (e. trespass. As long as a jury trial has not been started. This “phrase” derives from a US Supreme Court decision: Miranda v Arizona.A four-part warning required to be given by police to a criminal suspect who has been arrested before custodial interrogation can take place. Over the years. and disorderly conduct. and yet are not willing to admit to being responsible for the criminal act charged.. There are three classes of misdemeanors-simple. defendants may wish to avoid admitting to a tort (a civil personal injury suit arising from an accident in which the injured party seeks monetary damages) or any other type of wrongdoing alleged in the indictment. Usually. In terms of pretrial motions. the longest prison sentence for being found guilty of a misdemeanor is one year or possibly less. . MOTION .The Latin term used in many jurisdictions to describe the prosecutor’s voluntary dismissal of one or more pending criminal charges. traffic violations.A nolo contendere plea (also called a “no contest” plea) can be entered by criminal defendants facing a realistic prospect of conviction. The judge may also order some act to be done or not done by another litigant or participant at trial.MANDAMUS .An application to the court requesting action or some type of “relief” in a pending case. serious. these are challenges to certain evidence being presented to the jury (or judge) due to some legal challenge that requires that evidence either be allowed to be used at trial or that it not be considered. and that his silence will not be held against him. 384 US 436 (1966).A mistrial is a court ruling made by a trial judge after a jury is impaneled but before the jury is able to reach a decision of innocence or guilt of the defendant on the pending criminal charge(s).g. Also.

e. or some other governmental entity as the prosecution verses the defendant.A formal statement by a judge.Synonymous with preliminary examinations. parish or county legislative body. ORDINANCE .This term generally refers to an agreement in a criminal case in which a prosecutor and a defense attorney (acting on his or her client’s behalf) arrange to settle the case against the defendant on some negotiated terms and conditions. the parties are the State. Perjury is a crime in all jurisdictions and applies to all witnesses (i. town. the hearing given before a magistrate or other judge to determine whether a person charged with a crime should be held or bound over for trial.OPINION .The persons who are actively concerned in the prosecution or defense of a legal proceeding. intrinsically. this can refer to a decision by a higher (appellate) court that a lower court’s decision was in error.. which control the law across an entire state. Typically. all plea bargains are subject to the consent of the trial judge before whom the case is pending.” “Motion in Limine” or “Discovery Motion.A formal statement. generally written. PLEADING .” In DUI-DWI practice. The person against whom the crime was committed is typically not a party.) PER SE .A law passed by a city. PERJURY . Ordinances are of lower significance and reach than state statutes. PARTIES . that sets forth a decision about some aspect of a case or on the legal issues bearing on a case. The level of proof required to be shown at this level of criminal proceedings is very low since the prosecutor typically will not have . meaning “of. Pleadings may also have specific titles such as “Motion to Suppress. Also. as required under state law. in.” PRELIMINARY HEARING .Knowingly making a material false statement while under oath to otherwise tell the truth. PLEA BARGAIN .” and these are all classified as “pleadings. or by itself or oneself. magistrate or justice (another name used for trial level judges in some states). propounding the case of action or the defense of a legal case.Latin. it is a crime to lie to the judge or while testifying to the jury. OVERRULE .A judge’s decision (usually made during trials or motions hearings) to not allow an objection to prevail. In a criminal case. all that the prosecutor needs to prove to obtain a conviction for this type of “DUI-DWI” offense is to successfully introduce the breath. the person charged with the crime. the United States. blood or urine test result that meets or exceeds the applicable numerical “level” so as to convince the jury or judge that the result obtained was reliable and trustworthy. The defendant may agree to plead guilty or nolo contendere in exchange for the prosecutor dropping some charges or reducing the recommended punishment aspect of the case to a more favorable level.

A form of criminal sentence in which an offender agrees to comply with certain conditions imposed by the court rather than being put in jail or prison. nor can the government use this silence against a defendant. an information or an accusation).” Evidence that is sufficient or plain enough on its face to raise a presumption of fact or to establish the fact in question unless rebutted. REBUTTAL EVIDENCE . no right to such a hearing exists. The law does not require a person to prove his innocence or produce any evidence at all. In order for a criminal defendant to be convicted of a crime. Probable cause is the burden of proof necessary for issuance of an indictment or issuance of an accusatory document (i.Latin for “on one’s own behalf. Indeed. or is waived (given up). the prosecutor must prove his or her case to the point that the jurors have no reasonable doubts in their minds that the defendant did whatever he or she is charged with having done. Often. PRO SE .A government lawyer who initiates an accusation against a party suspected of committing a crime. presumed to be true unless disproved by some evidence to the contrary.The Government has the burden of proving a person charged with a crime guilty beyond a reasonable doubt. an accurate fact. but some jurisdictions now allow verdicts on less than unanimous verdicts. PROSECUTOR . reserved for criminal cases. PRIMA FACIE .fully investigated the case. the person is presumed by the law to be innocent until the judge or jury finds them guilty.A legal term of art that means a constitutionally prescribed standard of proof or (in the alternative) may refer to a reasonable ground for belief in the existence of certain facts.Evidence given to explain or disprove facts given in evidence by the opposing party. The typical jury in criminal cases must be unanimous. PROBATION .The highest level of proof in any legal matters. PROOF BEYOND A REASONABLE DOUBT . So far as can be judged from the disclosure.e.. . PUBLIC DEFENDER . if a person is released on bond.Latin for “at first view. also one who takes charge of a case or performs the function of a trial lawyer in a criminal case on behalf of the state or the people. and if it fails to do so.A lawyer employed by the government to represent a person accused of a crime and who cannot afford to hire a lawyer. The indictment or formal charge against any person is not evidence of guilt. PROBABLE CAUSE . PRESUMPTION OF INNOCENCE .” A person who represents himself in court alone without the help of a lawyer is said to appear pro se. the person is (so far as the law is concerned) not guilty.

SOLICITOR .A judge’s decision (usually during trial or motions hearings) to allow an objection or motion to prevail. STANDARD OF PROOF .A legal remedy sometimes allowed by statute under which a person is restored to his or her original position prior to loss or injury. TESTIMONY . total fee that may be due in the event the case requires filing of a variety of motions and other pleadings. STATUTE . Preferably (under most state bar rules) these need to be in some written form. handling administrative license issues. SUPRA . The payment of money to the attorney as a “retainer” signifies an agreement for the attorney to act on the person’s behalf and to represent the person in the legal matter that is the subject of their “contract. physical exhibits and other sources. conduction of pre-trial hearings of various types. going to trial or possibly filing an appeal.The amount of evidence which a prosecuting attorney in a criminal case must present in a trial in order to win is called the standard of proof.RESTITUTION .” In criminal cases. must pay “restitution” to the victim of the accident.A law adopted by the legislature.A contract between an attorney and his or her client. the laws of many jurisdictions authorize the criminal court disposing of a guilty verdict or plea to order restitution of damages to the “victim” of the DUI-related crash. RETAINER . or “to be punished” for not doing so. To avoid confusion on the exact terms and schedule of other payments. In DUI-DWI accident cases. In criminal cases in America.Judgment formally pronounced by a judge upon defendant after the defendant’s conviction in the criminal prosecution. to put the victim in the financial position they would have been in if there hadn’t been an accident. retainer agreements should be in writing in virtually all cases. In these case. SUBPOENA .A court-authorized or court-issued form (usually under the seal of the court) ordering a person to be in court at a certain place. . the appropriate standard is the highest legal standard in existence. proof beyond a reasonable doubt.The prosecutor representing the state if your county or parish has a separate court for trying misdemeanors. SENTENCE . a retainer is typically a partial payment toward the ultimate.Spoken evidence given by a confident (competent?) witness. hour and time. the person convicted of having been DUI-DWI. but retainers can be oral. under oath. as distinguished by evidence derived by writings.The legal citation for the point just made has already been cited above in the same document. SUSTAIN .

Also. almost any right can be waived. for each “count.French for “to speak truly. WARRANT . treatment records.A probation program (alternative to jail sentence) that is available in some jurisdictions wherein the defendant is permitted to maintain employment while residing in jail when not at work. Some states allow the prosecution of DUI-DWI cases on these citations.TRIAL INFORMATION (OR ACCUSATION) .” the jury will render one of three decisions: (1) “guilty. See further information under “accusation” in this glossary. VOIR DIRE . or statement.One who testifies to what he or she has seen. WORK RELEASE .A document filed by the prosecutor.An order issued from a court requiring the performance of a specified act. to tell the truth. .The formal decision or finding made by a jury in a trial after consideration of the evidence presented and applying the rules of law given to the jury by the judge. plus limited travel time. this method allows a law enforcement officer to issue a traffic citation on certain misdemeanor or traffic infraction cases.” In English. The defendant leaves jail on workdays only for his work hours. Example: a defendant waives his right to remain silent by agreeing to be interviewed by police. if it is done knowingly and intelligently.A writ or order issued by a judge or magistrate authorizing an officer of the law to make an arrest. some state statutes do not allow DUI-DWI detainees to utilize “work release.” (2) “not guilty” or (3) “can’t agree unanimously” (or by whatever nonunanimous standard some state may have rather than unanimous). or giving authority and commission to having it done. VERDICT . These programs are not available in some jurisdictions.A statutory form of a handwritten or digitally created charging document generally used by police officers to accuse a citizen of certain types of offenses. heard.” WRIT . which states the charges and evidence against a defendant in a criminal case. or otherwise observed or (in the case of expert witnesses) testifies to his or her professional opinion based on a hypothetical set of facts. UNIFORM CITATION (OR UNIFORM TRAFFIC CITATION) .This refers to knowingly and intentionally giving up a right. WAIVER . computer-generated (or typewritten) accusation or “information” setting forth the charges. or to perform some other designated act. without the need for the prosecutor to file a formal. this is called “jury selection. uniform citations are authorized for traffic offenses and other types of violations that are considered less serious offenses. In a criminal 302 case. to conduct a search. Typically. In some states. WITNESS . In the legal system.” Jury selection is an inquiry of prospective jurors by the attorneys (in most jurisdictions) and by the judge. due to lack of funding for such facilities. to determine if prospective jurors are qualified for jury duty in a given case.

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