Criminal Defense Terms and Definitions

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. 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 Abstract of record A short, abbreviated form of the case as found in the record. Accessory A person who assists in the commission of a crime, either before or after the fact. Levy A seizure; the obtaining of money by legal process through seizure and sale of property. 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. Misdemeanor A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Bench warrant An order issued by the court for the arrest of a person Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender.

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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.