Criminal Defense Terms and Definitions

Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. Battery Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery) 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. 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. Accessory A person who assists in the commission of a crime, either before or after the fact. 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. 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. Alternative Dispute Resolution (ADR) Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft.

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

	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.