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710/1410
Probation In Illinois, 710 probation is first offender probation that may be
granted to violators of the Cannabis Control Act. 1410 probation is
Illinois Controlled Substance Act first offender probation.
A
Abduction
Taking away by violence or fraud and persuasion;
kidnapping. Usually a female or wife, child or ward.
Abet See Aiding and Abetting.
Abstraction Taking away with intent to harm or
deceive.
Accessory
Not the perpetrator of the crime but
in some way involved without being present in the commission of the crime.
Accessory After the Fact One who helps a
criminal to elude arrest.
Accessory Before the Fact
One who induces another to commit a
crime.
Acquittal A not-guilty verdict absolving an accused party
of guilt. Release or absolution.
Adjudication The legal process by which a case or claim is
settled. May also be the final pronouncement of judgment in a case or claim.
Adjudication Withheld
The court will withhold a decision
until a future date. Usually some sort of probation is added and if the
defendant complies with the conditions for a specified period of time, the case
will be dismissed.
Affidavit A voluntarily, written statement of fact, confirmed
by oath.
Affray Brawl or disturbance. Not premeditated.
Aggravated (assault, battery, arson, etc.) Circumstances
surrounding the commission of a crime or tort which increase or add to its
injurious consequences.
Aggregate
Accumulated amount.
Aiding and Abetting To assist and/or incite another to
commit a crime.
Alias False name used in substitution of a legal name
on official documents and for official purposes. Nicknames are not considered
aliases. May be noted as AKA (Also Known As) on criminal records.
Antitrust Acts or Laws Laws to protect trade and
commerce from unlawful practice.
Appeal A complaint to a superior court to review the
decision of a lower court.
Appellant One who makes a complaint to a superior court to
review the decision of a lower court.
Appellate Court A court having jurisdiction of appeal and
review. Not a trial court.
Appropriate
To take something from another for
one’s own use or benefit.
Archive/Archives The place where records are stored after a
certain specified period of time. The period of time a record is held at a
court of record may differ between courts and states.
ARD Program (Non-conviction) "Accelerated Rehabilitative
Disposition Program". Mostly found in the state of Pennsylvania. This
program given to the defendant in place of adjudication. If the defendant
completes the program, the case is closed.
Arraignment A call to the accused to come
before the court to hear charges or enter a plea.
Arrest
The taking of an individual into custody by law
enforcement personnel for the purpose of charging them with an illegal act.
Arrest Record An official form completed by the police
department when a person is arrested. Also, a cumulative record of all
instances in which a person has been arrested.
Arson The attempted or intentional destruction of property by
fire or explosion.
Assault Intentional or threatened infliction of injury
to another. The classification of "aggravated" is assigned when the
injury is considered serious or when injury is threatened or carried out with
the use of a deadly or dangerous weapon. The classification of
"simple" is assigned when the injury inflicted or threatened is not
serious and a deadly weapon is not used. May be used with Battery.
B
Bail An amount of money, set by a judge at an initial appearance to
ensure the return of the accused at subsequent proceedings.
Battery Non-consensual, unlawful contact, such as touching,
beating or wounding of another. See Assault.
Bench Trial Trial by judge, without jury.
Bench Warrant
A process delivered by the court
directing a law enforcement agency to bring a specified individual before the
court.
Bind Over To put under bond to appear in court. The term
is also used when a case is shifted from a lower court to a higher court.
Blackmail An illegal demand for money or property under
threat of harm or exposure of undesirable acts.
Bond A certificate of obligation, either unsecured or secured
with collateral, to pay a specified amount of money within a specified period
of time.
Bond Forfeiture
Bond forfeiture occurs when a case
has been disposed and a fine is to be, or has been paid. If it is a first
offense, it is listed on the record but not classified as a conviction; any
other time it is classified as a conviction.
Bookmaking An operation with the purpose of placing,
registering, paying off or collecting debts for bets.
Burglary The act of entering a premises, without the
privilege to enter, with the purpose of committing a crime. States may classify
as first, second, or third degree burglary.
C
Capias The Latin meaning is "That You Take". This
is the name for several types of writs which require that a law enforcement
official take a named defendant into custody.
Capital Case/Crime Case or crime for which the death
penalty may be imposed.
Capital Punishment Punishment by death for
capital crime.
Carnal Sexual, sensual. Carnal knowledge is sexual
intercourse.
Cause of Action One or more related charges, combined and made
against a defendant for wrongs committed.
Charge In criminal law, a charge is an allegation that
an individual has committed a specific offense.
Citation An order issued by a law enforcement officer
requiring appearance in court to answer a charge. Bail is not accepted in lieu
of appearance.
Circuit Judicial division of the United States or of an
individual state.
Circuit Courts Courts whose jurisdiction extends over several
counties or districts. (There are thirteen judicial circuits wherein the U.S.
Courts of Appeals reside).
City Court Courts that try persons accused of violating
municipal ordinances. City courts may have jurisdiction over minor civil or
criminal cases, or both.
Civil Disorder A violent public disturbance by three or more
people which causes danger, damage or injury to property or persons.
Co-defendant One of a group of two or more people charged in
the same crime.
Coercion The use of physical force or threats to compel
someone to commit an act against their will.
Compounding Crime
The receipt by an individual of
consideration in exchange for an agreement not to prosecute or inform on
someone who they know has committed a crime.
Concurrent Sentences Two or more terms of imprisonment served
simultaneously.
Conditional Discharge A conviction. Court issues the discharge
from the jail and requires defendant to comply with some conditions. Regardless
whether defendant complies with rules or not, he/she is still convicted
(GUILTY) and case can never be expunged.
Conditional Release
The release from a correctional
facility before full sentence has been served which is conditioned on specific
behavior. If conditions are not met, the individual may be returned to the
facility.
Consecutive Sentences
Multiple sentences, served one after
the other.
Conspiracy The coming together of two or more people for the purpose
of committing an unlawful act or to commit a lawful act by unlawful means.
Contempt of Court
An act committed which serves to
obstruct the court in its administration or authority.
Controlled Substance A drug whose availability is restricted
by law.
Conversion
The unauthorized taking of another’s
property.
Conviction
Guilty verdict in a criminal trial.
Count/Charge
An offense named in a cause of
action. A cause of action may contain multiple counts or charges, each relating
to the others but identifying a separate offense.
Court of Limited Jurisdiction
Court that has authority to
adjudicate cases of a certain kind or up to a limited amount, usually lesser
offenses. (Opposite of Court of General Jurisdiction)
Court of Record The court where the permanent record of all proceedings is
held.
Credit Card Fraud Use, or attempted use of a credit card to
purchase goods or services with the intent to avoid payment of such.
Crime Against Nature Deviate sexual intercourse.
Criminal Nonsupport Failure to pay child support in
violation of court order.
Culpability Blame, or degree of responsibility for a crime.
This may be in degrees of purposeful, knowingly, recklessly or by negligence.
Cumulative Sentence A sentence that takes effect after a
prior sentence is completed for crimes tried under the same cause of action.
D
Dangerous Weapon Something that is capable, though not designed to
cause serious injury or death.
De Novo Latin for "anew" or "afresh".
Usually used as Trial De Novo. New trial, or one that is held for a second
time, as if there had been no previous trial or decision.
Dead Docket The case never went to trial. The case can be
reopened if new evidence is submitted.
Deadly Weapon
A weapon designed to cause serious
injury or death.
Defendant A person against whom a cause of action is
taken.
Deferred Adjudication of Guilt The final judgment is
delayed for a period of time. Can be likened to probation before a final
verdict. If "probation" is completed without incident, the charges
are usually dropped and the case is dismissed. During the "probationary
period" the disposition is not necessarily considered a conviction.
Deferred Discharge Dismissed and considered a
non-conviction.
Deferred Probation The judge doesn’t make a finding of
guilt; he assigns probation. If probation is completed without incident, the
charges are usually dropped.
Deferred Sentence Postponement of the pronouncement of the
sentence.
Defraud Knowingly misrepresenting facts to cheat or
trick.
Degree (First, Second, or Third, A, B or C)
Classification assigned to a crime,
depending on circumstances, for purposes of determining punishment. First
degree is considered most serious than third; A is more serious than C. Degrees
may be assigned to the actual crime (IE: murder in the first or second degree)
or the class of crimes (IE: felony or misdemeanor).
Directed Verdict A determination by a jury, made at the
direction of the judge. A directed verdict happens in cases where there has
been a lack of evidence, an overwhelming amount of evidence, or where the law
is in favor of one of the parties.
Dismissal Finally disposing of the cause without further
consideration. May be voluntary or involuntary. When involuntary, there is
usually lack of prosecution or failure to produce sufficient evidence.
Dismissal Without Leave After Deferred
Prosecution Charges dismissed after
specified time (90 days to 1 year) provided certain conditions have been met
such as participating in specified program of anger control or drug counseling
or providing community service, etc.
Disposed/Disposition The final settlement in the
matter. Examples of disposed cases are those with a finding of guilt
(conviction), innocence, or acquittal.
Diversion Program To set aside. A court direction which calls a
defendant, who has been found guilty, to attend a work or educational program
as part of probation. May include some type of anger management, drug rehab,
etc. If the condition of program is met, charge may be considered
non-conviction.
Diversity of Citizenship A crime or claim which
extends between citizens of different states. This is one of the grounds that
can be used to invoke the jurisdiction of the U.S. Federal District Court.
Docket Record A court’s official record of proceedings and
calendar of upcoming cases.
Driving While Intoxicated
Operating a motor vehicle while
under the influence of alcohol or drugs. Complete intoxication is not required.
Individual state statutes specify the blood alcohol content at which a person
is presumed to be under the influence of intoxicating liquor.
Due Diligence
A reasonable and expected measure of
attention taken for a particular action. Not measurable by an absolute
standard, but dependant on the situation.
Due Process of Law Procedures followed by law enforcement
and courts to insure the protection of an individual’s rights as assigned by
the Constitution.
E
Embezzlement The taking of another’s money or property by
one entrusted with its possession, usually through employment.
Ex parte On one side only. When an act is one for one party
only. For example, in an Ex parte proceeding, only one party to the case is
heard.
Expunge/Expunged When a record of an offense is expunged it
will not appear on a released criminal history. The record may be destroyed or
sealed after a certain period of time. Records may be expunged in juvenile
cases, or upon satisfactory completion of a court-ordered probation and/or
class(s).
Extortion Obtaining another’s property by actual or
threatened force, fear or violence.
Extradition The surrender of an individual accused or convicted
of a crime by one state to another.
F
Failure to Appear (FTA) Failure to appear for a scheduled court
date.
Felonious Describing an offense which is done with
malicious, villainous criminal intent. IE: felonious assault.
Felony
A serious offense
carrying a penalty of incarceration from one year to life in a state prison, to
the death penalty.
Felony
Conversion (Fraudulent
Conversion) Similar to embezzlement or theft. An example of felony conversion
is if someone sold goods for a company, and kept the money instead of turning
it in to the company. (North Carolina)
Forcible Entry Entering or taking possession of property with
force, threats or menacing conduct.
Fraud A broad term used to cover all kinds of acts. Generally,
fraud is the commission of an act with the goal to benefit or gain advantage at
another’s expense. A purposeful misrepresentation with the intent to deceive.
G
Georgia 1st Offender Act O.C.G.A. $ 42-8-62 (In Part)
…Upon fulfillment of the terms of probation, upon release by the court prior to
the termination of the period thereof, or upon release from confinement, the
defendant shall be discharged without court adjudication of guilt. The
discharge shall completely exonerate the defendant of any criminal purpose and
shall not affect any of his civil rights or liberties and the defendant shall
not be considered to have a criminal conviction.
Grand Jury A body of persons with the authority to
investigate and accuse, but not to try cases. The grand jury will listen to and
review evidence to see if it there are sufficient grounds to bring an
individual to trial.
Grand Larceny The theft of property over a specified
value. Dollar amounts vary by state.
Gross Flagrant, out of measure.
Gross Misdemeanor Serious misdemeanor.
Guilt/Guilty Final disposition. Having committed a
crime.
Guilty in Absentia Defendant is found guilty without being
present
H
Habeas Corpus A writ requesting a trial or the release of a
prisoner.
Habitual Violator To have committed the same offence three times.
Can also be charged as a habitual offender.
Hijacking To take control of a vehicle by intimidation,
force or threatened force. Also, the theft of goods while in transit, as when
transported in trucks.
Homicide The killing of another human being.
"Justifiable homicide" occurs in cases such as during the enforcement
of law, and/or occurs without evil intent. "Excusable homicide" may
occur by accident or in self-defense. "Felonious homicide" is the
killing of another without justification. This type has two degrees –
manslaughter and murder, depending on circumstances or intent. See
Manslaughter; Murder.
Hung Jury A hung jury is one in which all jurors cannot reach a
consensus required for a verdict.
I
Illicit Prohibited or unlawful.
Incendiary One who intentionally set fires. Arsonist.
Incorrigible One who is incapable of reform.
Indictment A formal, written accusation made by the grand
jury.
Infraction Violation of local ordinance or state statute
usually resulting in a fine or limited period of incarceration.
Term usually used in traffic offenses.
Injunction A court order which prohibits a person from
doing a specified act for a specified period of time.
Intent The frame of mind or attitude of the person at
the time an act was committed. See Culpability.
Intoxicates, Intoxication Reduction of physical or mental
capabilities caused by the ingestion of an intoxicating substance such as
alcohol or drugs.
Involuntary Dismissal Dismissed due to lack of
prosecution or lack of evidence.
J
Judgment
The final decision of the court regarding a claim or
case.
Jurisdiction The power of a court to question facts, apply
law, make decisions and judgments.
K
Kidnapping Taking and carrying away a person by force,
fraud, threats or intimidation. Unlawfully confining a person for a substantial
period of time in an isolated place.
L
Larceny The unlawful taking of another person’s property.
Larceny is commonly classified as "petty" or "grand"
depending on the value of the property. Dollar values to establish
classifications of "petty" and "grand" may vary from state
to state.
Legal Malice An act, committed without just cause or excuse,
intended to inflict harm or cause death.
Lewd and Lascivious Obscene, indecent.
Libel Defamation of another person through
print, pictures, or signs.
Lis Pendens A pending suit.
M
Magistrate Public officials, including judicial officers
who have limited jurisdiction in criminal cases and civil causes.
Mail Fraud The use of the mail system to commit a fraud.
Malice Aforethought Planning to commit an
unlawful act without just cause or excuse.
Manslaughter The unpremeditated killing of a person. Can be
voluntary or involuntary, determined by circumstances. The feature
distinguishing involuntary manslaughter from voluntary is the absence of intent
to cause death or commit an act that might be expected to produce death or
harm. Voluntary manslaughter is homicide that is committed during an act in the
heat of passion.
Mayhem The intentional infliction of injury on another
which causes amputation, disfigurement or impairs the function of any part of
the body.
Mistrial A trial which is terminated or declared
invalid. Reasons for mistrial include misconduct on the part of the jury,
defense team or the court, or illness on the part of the judge, jury or
defendant. May be followed by a retrial on the same charges.
Murder Unlawful killing with malice aforethought.
Murder is willful, deliberate and premeditated, or done during the commission
of a crime. This classification of crime is generally divided by degrees,
murder in the first degree and murder in the second degree, for the purpose of
imposing penalties.
N
Negligence Flagrant and reckless disregard of the safety
of others. Willful indifference.
Negotiated Plea See Plea Bargain.
Negotiating Worthless Instrument Writing a bad check.
No Action (Non-conviction) The court dropped the case and
did not continue with the charges.
No Bill or No True Bill The decision by a grand jury
that it will not bring indictment against the accused on the basis of the
allegations and evidence presented by the prosecutor.
No Contest A plea in which the defendant does not contest the
charge. This has the same effect as a guilty plea except the conviction cannot
be used against the defendant in a civil suit.
No Papered Charges were not pursued. (This is a legal term
in Washington, D.C.)
No Probable Cause There was not sufficient reason to
bring case to trial.
Nolle Pros or Nolle Prosequi Latin phrase used by the
district attorney or plaintiff when they do not wish to prosecute or proceed
with the action.
Nolo Contendre Latin phrase used by a defendant to say "I
do not wish to contest." This plea in a criminal case has the legal effect
of pleading guilty. See No Contest.
O
Obtain Property under False Pretense The misrepresentation
of the value of something. Passing bad check.
Operor retineo alio prognatus ex conjugium depressus
vos To
continue after adverse action.
P
Pander To provide products or services which cater to
the sexual gratification of others. To entice another into prostitution.
Parole To release from confinement after serving part
of a sentence, usually with terms and conditions provided in the parole order.
Parole Violation An act that does not conform to the terms of
parole.
Perjury Intentionally making a false statement under
oath.
Plea The defendant’s formal answer to a charge.
Plea Bargain A plea of guilt to a lesser offense in return
for a lighter sentence.
Prayer for Judgment, 1st Offense (NC) Asking the court to give
leniency. No finding of guilt by the court.
Pre-Trial Intervention An extensive background
check to help determine if charges will be pressed.
Probation Relief of all or part of a sentence on the promise
of proper conduct.
Q
Quash/Quashed Declined to prosecute but with the option to reopen the
case.
R
Racketeering An organized conspiracy for the purpose of
committing crimes of extortion or coercion.
Rape Sex without consent. May be forcible or by intoxication,
with a person who is underage and unable to give consent, or with a person with
diminished mental and/or physical capabilities.
Reckless Endangerment An act which does or could cause
injury to another, not necessarily with intent.
Refused Charges were not accepted by the District
Attorney’s Office.
Remand To return an individual to custody pending further
trial, or to return a case from an appellate to a lower court for further
proceedings.
Restraining Order An order prohibiting a
specified action until such time that a hearing on an application for an
injunction can be held.
Retired (as Disposition) The case can be brought up
within the next year if the individual is arrested for anything. It is the
judge’s decision and only he can take action. If the individual remains
"clean," then the case can be dismissed.
RICO Act Racketeer Influenced and Corrupt Organizations Act.
S
Secreting Lien Property Hiding property that
has a lien filed against it.
Sedition Advocating the overthrow or reform of a
government by unlawful means.
Sentence A judgment of punishment for a criminal act.
Serious Misdemeanor Having a more severe penalty
than other misdemeanors.
Slander Defamation verbal communication. Making false
and malicious statements about another.
Solicitation Asking, urging or enticing.
Status: Closed No further action will occur on this case;
cannot be reopened at later date.
Statutory Rape Sexual activity by an adult with a person
under the age of consent.
Stet
An order staying all proceedings in an action; Set Aside,
Pending (non conviction)
Stricken To eliminate or expunge.
Stricken on Leave
Stricken off call with leave to reinstate.
Summary Offense Class of crime that can be tried without and
indictment.
Suspended Sentence Deferment of punishment
usually over a period of probation.
T
Theft of Services Obtaining services without consent through
deception, threat, tampering, etc.
Theft/unauthorized Theft by using someone else’s
information, credit card, check, or something similar.
Truncated Files Destroyed or partially destroyed. Unable to
obtain any more information.
U
Under the Influence of Intoxicating Liquor or Drugs Any condition where the
nervous system, brain or muscles are impaired to an appreciable degree by an
intoxicating substance.
Usury Charging more interest than is permitted by law
for a loan of money.
Unlawful Entry Entry without force and without permission by
means of fraud or other wrongful act.
Uttering To forge another’s name.
V
Vacate (Judgment) To make void; to cancel.
Vehicular Homicide Death of another caused by the
intentional, unlawful or negligent operation of a motor vehicle.
Venue The geographic area where the case or claim occurred,
within which a court with jurisdiction can hear and determine a case. A change
of venue, or the moving of a case from one court to another may be granted for
such reasons as when the court does not think the defendant can get a fair
trial in that area or for the convenience of the parties in a civil case.
Verdict The formal, final decision or finding made by a
jury or judge.
Voluntary Dismissal The court or district
attorney dismisses the charges against an individual.
W
Waiver by Magistrate Charges are waived after the
defendant agrees to pay a fine. The defendant is not prosecuted on this charge.
Waiver of Jury The right to a jury trial is waived and the
judge makes the decision of guilt or innocence.
Wanton Reckless, malicious.
Without regard for the rights of
others, indifferent to consequences to health, life or the reputation of
another. Usually done without intent, but an act so unreasonable the
perpetrator should know that harm will result.
Warrant Court order authorizing a law
enforcement official to arrest or perform search and seizure.
Weapons Offenses The unlawful sale, distribution, manufacture,
alteration, transport, possession or use of a deadly or dangerous weapon.
Wet Reckless Pled down reckless driving charge which was
alcohol related.
With Specifications When W/S is listed after a charge, it is
usually followed with a description of violence involved with the charge.
Withheld
Adjudication withheld.
Writ A written court order, or a judicial process.
Wrongful Entrustment Allowing an unlicensed driver
to operate a motor vehicle.
X
Y
Youthful Offender Classification of youths and young
adults, generally older then juveniles. In the 18 to 25 year age group, these
individuals are sometimes given special sentencing consideration for the
purpose of rehabilitation, sometimes through education and counseling.
Youthful Training Act Usually a non-conviction. Used for
juvenile first-time offenders. It may be reported on a criminal record. If the
juvenile complies with the sentence, the case will be dropped from the record
when the offender reaches adulthood.
Z