Criminal Defense Terms and Definitions

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. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Abstract of record A short, abbreviated form of the case as found in the record. Miranda rule The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. Admissible evidence Evidence which can legally and properly be used in court. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. Bench warrant An order issued by the court for the arrest of a person Assault A willful attempt to illegally inflict injury on or threaten a person. Felony A felony is a major crime for which the maximum imprisonment is more than one year in a state correctional institution. The court may also impose a fine. Felonies are classified into four categories: capital, 1st degree, 2nd degree, and 3rd degree

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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.