Public Records Terms
Adjudication -
The formal giving or pronouncing of a judgment or
decree in a cause; also the judgment given. The entry of a decree
by a court in respect to the parties in a case. It implies a
hearing by a court, after notice, of legal evidence on the factual
issue involved. The equivalent of a "determination." And
contemplates that the claims of all the parties thereto have been
considered and set at rest.
Arrest Warrant -
A written order which is made on behalf of the
state and is based upon a complaint issued pursuant to statute
and/or court rule and which commands law enforcement officer to
arrest a person and bring him before the magistrate.
Bench Warrant -
Process issued by the court itself, or "from the bench," for the attachment
or arrest of a person; either in case of contempt, or where an indictment has
been found, or to bring in a witness who does not obey the subpoena.
Capias -
"That you take." The general name for several species of
writs, the common characteristic of which is that they require the
officer to take the body of the defendant into custody.
Conviction -
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 consummation of the prosecution including the
judgment or sentence, or, as is frequently the case, the judgment or
sentence itself. The stage of a criminal proceeding where the issue
of guilty is determined. "Conviction" and "convicted" mean the
final judgment on a verdict or finding of guilty, a plea of guilty,
or a plea of nolo contendere, and do not include a final judgment
which has been expunged by pardon, reversed, set aside, or otherwise
rendered nugatory.
Disposition -
In criminal procedure, the sentencing or other final
settlement of a criminal case.
Expunge -
To destroy; blot out; obliterate; erase; efface designedly; strike out wholly.
The act of physically destroying information MN including criminal records MN
in files, computers, or other depositories.
Felony -
A crime of a graver or more serious nature than those
designated as misdemeanors; e.g. aggravated assault (felony) as
contrasted with simple assault (misdemeanor). Under federal law,
and many state statutes, any offense punishable by death or
imprisonment for a term exceeding one year.
Forfeiture of bond -
A failure to perform the condition upon which
obligor was to be excused from the penalty in the bond. With
respect to a bail bond, occurs when the accused fails to appear for
trial.
Misdemeanor -
Offenses lower than felonies and generally those
punishable by fine or imprisonment, other than in a penitentiary.
Under federal law, and most state laws, any offense other than a
felony is classified as a misdemeanor.
Nolle Prossed (nolle prosequi) -
A formal entry upon the record, by the plaintiff in a civil suit, or , more
commonly, by the prosecuting officer in a criminal action, by which he declares
that he "will no further prosecute" the case, either as to some of
the defendants, or altogether. A nolle prosequi is a formal entry on the record
by the prosecuting officer by which he declares that he will not prosecute the
case further. Commonly called "nol pros".
Nolo Contendere -
Latin phrase meaning, "I will not contest it"; a plea in a criminal case which
has a similar legal effect as pleading guilty. Type of plea which may be entered
with leave of court to a criminal complaint or indictment by which the defendant
does not admit or deny the charges, though a fine or sentence may be imposed
pursuant to it. The principal difference between a plea of guilty and a plea
of nolo contendere is that the latter may not by used against the defendant
in a civil action based upon the same acts. As such, this plea is particularly
popular in antitrust actions (e.g. price fixing) where the likelihood of a civil
action following in the wake of a successful antitrust prosecution is very great.
Probation -
A system of permitting a person convicted of a crime to
go free with a suspended sentence, subject to the supervision of a
probation officer. It differs from parole in that is does not
follow early release from prison but is a substitute for a prison
sentence, contingent upon good behavior.
Remand -
To send back. The sending by the appellate court of the
cause back to the same court out of which it came, for purpose of
having some further action taken on it there. When a prisoner is
brought before a judge on habeas corpus, for the purpose of
obtaining liberty, the judge hears the case, and either discharges
him or remands him.
Stricken Off/Strike Off -
A court is said to "strike off" a case
when it directs the removal of the case from the record or docket,
as being one over which it has no jurisdiction and no power to hear
and determine it.
Work Release Program -
Correctional programs which allow an inmate
to leave the institution for the purpose of continuing regular
employment during the daytime, but reporting back to lockup nights
and weekends.
Theft -
A popular name for larceny. The taking of property without the owner's consent.
The fraudulent taking of personal property belonging to another, from his possession,
or from the possession of some person holding the same for him, without his
consent, with intent to deprive the owner of the value of the same, and to appropriate
it to the use or benefit of the person taking. It is also said that theft is
a wider term than larceny. It includes swindling and embezzlement, and that
generally, one who obtained possession of property by unlawful means and, thereafter,
appropriate the property to the taker's own use guilty of a "theft". Theft is
any of the following acts done with intent to deprive the owner permanently
of the possession, use or benefit of his property (a) obtaining or exerting
unauthorized control over property; or (b) obtaining by deception control over
property; or (c) obtaining by theft control over property; or (d) obtaining
control over stolen property knowing the property to have been stolen by another
Deception -
The act of deceiving; intentional misleading by
falsehood spoken or acted. Synonymous with fraud. Knowingly and
willfully making a false statement or representation, express or
implied, pertaining to a present or past existing fact.
Probation without Verdict (PWV) -
Permitting a person charged with a
crime to go free with supervision of a probation officer for
specific period of time. If they abide by the terms, no verdict is
handed down
Cumulative Sentence -
A sentence that takes effect after a prior
sentence is completed for crimes tried under the same cause of
action
Deferred Sentence -
Postponement of the pronouncement of the
sentence
Dismissal -
A disposing of the cause without further consideration;
may be voluntary or involuntary; if involuntary, there is usually a
lack of prosecution or failure to produce sufficient evidence
No 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
Suspended Sentence -
Deferment of punishment usually over a period
of probation
Substance Abuse Terms
Agitation -
The act of agitating or the state of being agitated.
Extreme emotional disturbance; perturbation; the stirring up of
public interest in a matter of controversy, such as a political or
social issue
Amphetamine -
A colorless, volatile liquid, C9H13N, used as a
central nervous system stimulant in the treatment of certain
conditions, such as attention deficit hyperactivity disorder,
depression, and narcolepsy, and abused illegally as a stimulant; a
derivative of amphetamine, such as dextroamphetamine or a phosphate
or sulfate of amphetamine
Analgesia -
A deadening or absence of the sense of pain without loss
of consciousness
Anesthesia -
Total or partial loss of sensation, especially tactile
sensibility, induced by disease, injury, acupuncture, or an
anesthetic, such as chloroform or nitrous oxide; local or general
insensibility to pain with or without the loss of consciousness,
induced by an anesthetic
Cannabinoids -
Any of various organic substances, such as THC, found
in cannabis
Cocaine -
A colorless or white crystalline alkaloid, C17H21NO4,
extracted from coca leaves, sometimes used in medicine as a local
anesthetic especially for the eyes, nose, or throat and widely used
as an illicit drug for its euphoric and stimulating effects
Convulsions -
An intense, paroxysmal, involuntary muscular
contraction
Euphoria -
A feeling of great happiness or well-being, usually
exaggerated
Hallucinogen -
A psychoactive drug that induces hallucinations or
altered sensory experiences
Morphine -
A bitter crystalline alkaloid, C17H19NO3İH2O, extracted
from opium, the soluble salts of which are used in medicine as an
analgesic, a light anesthetic, or a sedative. Also called morphia
Narcotic -
An addictive drug, such as opium, that reduces pain,
alters mood and behavior, and usually induces sleep or stupor.
Natural and synthetic narcotics are used in medicine to control pain
PCP -
Drug originally taken in the form of powder (dust) for its
hallucinogenic effects
Psychoses -
A severe mental disorder, with or without organic
damage, characterized by derangement of personality and loss of
contact with reality and causing deterioration of normal social
functioning
Seizure -
A sudden attack, spasm, or convulsion, as in epilepsy or
another disorder. A sudden onset or sensation of feeling or emotion
Stimulant -
An agent, especially a chemical agent such as caffeine,
that temporarily arouses or accelerates physiological or organic
activity
Stupor -
A state of reduced or suspended sensibility. A state of
mental numbness
THC -
A compound, C21H30O2, obtained from cannabis or made
synthetically, that is the primary intoxicant in marijuana and
hashish