Criminal Defense Terms and Definitions

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. Alternative Dispute Resolution (ADR) Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Tort An injury or wrong committed, either with or without force, to the person or property of another, for which civil liability may be imposed. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Abstract of record A short, abbreviated form of the case as found in the record. Battery Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery) Bench warrant An order issued by the court for the arrest of a person

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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.