Criminal Defense Terms and Definitions

Abstract of record A short, abbreviated form of the case as found in the record. Bench warrant An order issued by the court for the arrest of a person 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. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Subpoena An official order to appear in court (or at a deposition) at a specific time. Failure to obey a subpoena to appear in court is punishable as a contempt of court. Manslaughter A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Levy A seizure; the obtaining of money by legal process through seizure and sale of property. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. 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.

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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.