Criminal Defense Terms and Definitions

Alternative Dispute Resolution (ADR) Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation. 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. Admissible evidence Evidence which can legally and properly be used in court. 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. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. 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. Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft.

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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.