Legal Terms Flashcards
Every person convicted of a gross misdemeanor shall be punished by imprisonment in the county jail for not more than one year, or by a fine of not more than $2000, or by both fine and imprisonment, unless the statute in force at the time of commission of a gross misdemeanor prescribed a different
Gross misdemeanor
Occurring at the same time, running parallel; this means two or more jail or prison sentences to be served during the same time period
Concurrent
A warrant issued by the courts ordering a subject to be taken into custody and held to answer the charges in a previously filed complaint
Warrant of arrest
A defendants plea of guilty to a criminal charge with the reasonable expectation of receiving some consideration from the state for doing so, usually a reduction of the charge. The defendants ultimate goal is a penalty lighter than the one formally warranted by the offense originally charge
The Plea bargain
The act of forcibly dispossessing an owner of property, under actual or apparent authority of law; also, the taking of property into the custody of the court in satisfaction of a judgment, or in consequence of a violation of public law
Seizure
A warrant issued by a judge to take a person back into custody for failure to comply with a release order while pending charges are being adjudicated
Bench warrant
To put out of judicial consideration. Can be refilled within the statutory time limit, except those dismissals with prejudice
Dismissal(dism)
A writ or judicial order requesting that a person holding another person produce the prisoner and give reasons to justify continued confinement
Habeas corpus
The conditional release of a prisoner, with an unexpired or indeterminate sentence from a state or federal prison under the supervision of state or federal parole officers
Parole
A formal statement filed with the justice or municipal court by the prosecutor stating the charges and circumstances which led the state to believe that the accused committed the offense
Complaint
To deprive a person of his liberty by legal authority; in the technical criminal law sense, seizure of an alleged or suspected offender to answer for a crime
Arrest
Following one after the other in order, this means two or more jail or prison sentences to be served, one following the other
Consecutive
A document when requesting a warrant of arrest by an investigator that is submitted to the city or district attorney stating the charges and circumstances which led that investigator to believe that an offense was committed by an individual
Affidavit
A request to a higher court that it review actions taken in a completed trial
Appeal
The act of calling an accused person before the court to hear charges lodged against him/her and to enter a plea in response to those charges
Arraignment
In a general sense, the result of a criminal trial which ends in a judgment or sentence that the accused is guilty as charged. The final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of no Lo contenders, and do not include a final judgment which has been expunged by pardon, reversed, set aside or otherwise rendered nugatory.
Conviction
An act or omission forbidden by the law and punishable upon conviction by death, imprisonment, fine or other penal discipline
Crime
The exact date that an unemancipated juvenile will reach the age of emancipation (majority) as defined by the statutes of his/her state of residence
Date of emancipation
An officers written statement of the circumstances of a crime showing the probable cause which led that officer to believe that the subject committed the offense
Declaration of arrest
A notice from the city or district attorney that there is insufficient evidence to prosecute a subject on a charge. Can be refilled within statutory time limit
Denial(deny)
The subjecting of a person to prosecution more than once for the same offense, prohibited by the fifth ammendment
Double jeopardy
“On one side only; by or for one party; done for, in behalf of , or on the application of, one party only. A judicial proceeding, order, injunction, etc. is said to be ex parte when it is taken or granted at the instance and for the benefit of one party only, and without notice to, or contest action by, any person adversely interested” (blacks law dictionary)
Ex parte
A crime which may be punished by death or imprisonment in the state prison. Every person convicted of a felony, for which a term of imprisonment is provided by statute, shall be sentenced to a definite term of imprisonment in the state prison, which shall be within the limits described by the applicable statute, unless the statute in force at the time of admission of such felony prescribed a different penalty
Felony(f)
Detention records within 72 hours of booking; or after a justice court judge reviews the declaration and determines there is insufficient probable cause to hold the subject in the charge(s) he/she was booked on
Insufficient affidavit to detain
