Criminal Defense Terms and Definitions

Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. Abstract of record A short, abbreviated form of the case as found in the record. Levy A seizure; the obtaining of money by legal process through seizure and sale of property. Accessory A person who assists in the commission of a crime, either before or after the fact. Admissible evidence Evidence which can legally and properly be used in court. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. 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. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another.

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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.