Criminal Defense Terms and Definitions

Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. 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 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. 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. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Accessory A person who assists in the commission of a crime, either before or after the fact. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Miranda rule 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.

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	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.