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. Bench warrant An order issued by the court for the arrest of a person 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. Levy A seizure; the obtaining of money by legal process through seizure and sale of property. 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. 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. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. Admissible evidence Evidence which can legally and properly be used in court. Assault A willful attempt to illegally inflict injury on or threaten a person.

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	Did You Know?
	Miranda rule and Miranda rights are important 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. The rights include: a. The right to remain silent and to refuse to answer any questions; b. The right to know that anything the suspect says can and will be used against the suspect in a court of law; c. The right to consult with an attorney and to have an attorney present during questioning; d. The right to have counsel appointed at public expense, prior to any questioning if the suspect cannot afford counsel.