Criminal Defense Terms and Definitions

Admissible evidence Evidence which can legally and properly be used in court. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. 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. 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. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. 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. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. Alternative Dispute Resolution (ADR) Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove.

Contact us now to obtain a free case review or more information on our Oceanside Criminal Defense Lawyers.

	Did You Know?
	Res Ipsa Loquitur - Literally, "a thing that speaks for itself." In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence.