Criminal Defense Terms and Definitions

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 Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. Abstract of record A short, abbreviated form of the case as found in the record. 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. 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. Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. Assault A willful attempt to illegally inflict injury on or threaten a person. Admissible evidence Evidence which can legally and properly be used in court. 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.

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	Did You Know?
	Plea Bargaining - a process whereby the prosecutor and defense attorney negotiate Process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation, or for dismissal of one or more of the charges in a multi-count information, or for dismissal of another case.