A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A  ACCESSORY A person who knowingly and intentionally contributes to or aids in committing a crime (before or after, but not necessarily during, the commission of the crime). If the crime was a felony, the person could be charged with being an "accessory-after-the-fact". The facts could also support a charge of Conspiracy.  ACCOMPLICE A person who participates in the commission of a crime, other than the person actually doing to principal criminal act. This person may be charged with actual crime committed under an "aider or abettor" theory (gave aid or encouragement to the principal defendant(s)).  ACQUITTAL When a criminal defendant is found "not guilty" of the crime. An acquittal is not a declaration of the accused's "innocence"; it is a verdict that a Prosecutor failed to prove the accused's guilt beyond a reasonable doubt.  ADJOURNMENT Postponing or rescheduling a case or court session until another date or time.  ADJUDICATION Generally, a final judicial determination of a case. In juvenile delinquency cases, it is the equivalent of a 'conviction' in adult criminal cases, when the court formally takes jurisdiction of the minor.  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.  ADULT A person who is no longer deemed to be a minor. In Michigan, a person becomes an adult for criminal cases when they turn 17. In most other proceedings, an adult is someone age 18 or older.  ADVERSARY PROCEEDING Actions contested by opposing parties.  AFFIANT A person who makes out an affidavit.  AFFIDAVIT A written statement of fact that is verified by oath or affirmation before a notary public.  AFFIRMATIVE DEFENSE Without denying the charge, the defendant raises extenuating or mitigating circumstances such as insanity, self-defense, or entrapment to avoid civil or criminal responsibility. The defendant usually must prove any affirmative defense he/she raises. Court rules may require a defendant to notify the opponent before the trial that an affirmative defense will be raised.  AFFRAY Brawl or disturbance. Not premeditated.  AGENT Someone authorized to act for another person (known as the "principal"). Violation of a principal-agent relationship is the core of an embezzlement.  AIDING AND ABETTING To assist and/or incite another to commit a crime.  ALIBI A "lack of presence" defense. Defendant need not prove that he was elsewhere when the crime happened; rather, a Prosecutor must disprove a claimed alibi (i.e., Prosecutor must prove beyond a reasonable doubt that the defendant was present).  ALLOCUTION A defendant's opportunity to make a statement to the judge at sentencing. A defendant may make a personal statement, but is not required to do so. His/her attorney may also make a statement.  AMICUS CURIAE "Friend of the Court" (Latin). A party who volunteers information on some aspect of a case or law to assist the court in its deliberation.  ANNUAL FEES A yearly fee charged by credit grantors for the privilege of using a credit card.  ANNUAL PERCENTAGE RATE The cost of credit at a yearly rate.  APPEAL Request to a supervisory court, usually composed of a panel of judges, to change the legal ruling of a lower court. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the Appellant; the opposing party is the Appellee. Appeal by Application for Leave --- An appeal where permission must be obtained from the higher court before the appeal may be filed. A party must seek permission to appeal when a final order has not been entered, when the appeal is not timely, or in criminal cases when a defendant has pled guilty and is appealing an issue other than his sentence. An Application for Leave to Appeal is filed, which explains the legal issues that the appellant wants reviewed, and the facts and law supporting them. The court has final discretion to accept or reject an application. Appeal by Right --- An appeal to a higher court where permission does not have to first be obtained. The appeal must be filed within a specified time frame after the lower court's final order has been entered.  APPEAL RECORD The record sent by the trial court to the appellate court of what happened at the trial court. This includes a copy of the docket, the case file (court documents), and transcripts of court hearings.  APPELLANT The party appealing a decision or judgment to a higher court.  APPELLATE COURT A court that reviews lower court decisions. Circuit Court serves as the appellate court for District Court cases.  APPELLEE The party responding to an appeal filed in a higher court.  APPLICANT A person applying for credit privileges, employment or some other benefit.  ARRAIGNMENT Criminal defendant's first appearance before a judge. The primary purpose is to inform the defendant of what charge he is facing. The judge may also determine an appropriate bail and decide on a request for court-appointed counsel.  ARREST WARRANT An order issued by a judge or magistrate to a peace officer requiring the arrest of a named person.  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.  ATTORNEY A lawyer. A person authorized to practice law in a state to represent the legal interests of another person. Top of Page B  BAIL Bond money paid to a court, by or on behalf of a criminal defendant, as security that, when released from jail, the defendant will appear at future hearings. If another person posts the bail money, then that third party vouches that the defendant will appear at future court dates. Bail can be forfeited if the defendant fails to appear or violates release conditions.  BAILIFF A court employee who assists the judge in maintaining order in the courthouse, and who is responsible for the custody of a jury.  BANKRUPTCY A proceeding in U.S. Federal Court that may legally release a person from repaying debts owed. The law contains several chapters which relate to different methods of relief: Chapter 7 - Straight Bankruptcy (total liquidation of assets) Chapter 11 - Business Reorganizations Chapter 12 - Farm Debt Bankruptcy Chapter 13 - Wage Earner Repayment Plan  BATTERY An intentional, unwanted and forceful/violent touching of another person, or something closely connected with that person.  BENCH WARRANT A court order commanding the defendant's (or a missing witness') arrest and appearance in court after the person had previously failed to appear for a hearing. A bench warrant could also be issued against a defendant for violating a court order, such as conditions of release or probation.  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.  BOND / BAIL BOND A promise or contract to do or perform a specified act, or pay a penalty for failure to perform. This is usually guaranteed by a 'surety', who promises to pay if the 'principal' defaults, or by paying a cash bond. In criminal cases, 'bond' means the same thing as 'bail': a financial obligation signed by the accused or a surety intended to guarantee the defendant's future appearances in court. The amount of the bond is set by a judge or magistrate. The bond can include conditions of release (i.e., no contact with the victim, no alcohol consumption, etc.) Factors influencing the amount of bond set include the seriousness of the charge, the defendant's criminal history, and the defendant's ties to the community. Top of Page C  CAPIAS The Latin meaning of "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 OFFENSE A crime punishable by death. (Michigan does not have a death penalty.)  CARNAL Sexual, sensual. Carnal knowledge is human intercourse.  CASE LAW Published decisions issued by appellate courts. The legal principals announced in the decisions are binding authority for lower courts.  CHARGE TO THE JURY A judge's instructions to a jury. They contain information on the laws relating to the case, definitions of legal terms, and explanations of procedures relevant to the jury's duties.  CIRCUIT COURT MISDEMEANOR An offense designated by the legislature as a misdemeanor, but punishable by more than one year in jail. It is processed in circuit court like a felony.  CIRCUMSTANTIAL EVIDENCE Indirect evidence that implies something occurred but does not directly prove it. For example, circumstantial evidence of embezzlement includes proof that the defendant-employee made several big-ticket purchases in cash around the time of the alleged embezzlement.  COERCION The use physical force or threats to compel someone to commit an act against their will.  COLLECTION ACCOUNT Refers to the status of an account owed to a creditor when it has been transferred from a routine debt to a Collection Department of the creditor's firm or to a separate professional debt collecting firm.  COMPLAINT The document on which criminal misdemeanors are charged in District Court, as well as the initial charging document for felonies.  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 commited a crime.  CONCURRENT SENTENCES Two or more terms of imprisonment served simultaneously.  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 An agreement, express or implied, between two or more people to do an illegal act or to commit a legal act in an illegal manner.  CONSUMER CREDIT COUNSELING SERVICE Organizations which help consumers find a way to repay debts through careful budgeting and management of funds. These are usually nonprofit organizations, funded by creditors. By requesting that creditors accept a longer pay-off period, the counseling services can often work out a successful repayment plan.  CONTRABAND Goods barred by law (e.g., specific weapons, or drugs prohibited by law, etc.).  CONVERSION The unauthorized taking of another's property.  CONVICTION A judge or jury's decision that the accused person is guilty of the crime.  CORROBORATING EVIDENCE Supplementary evidence that supports or confirms the initial evidence. A victim's or witness' version of events does not have to be backed up by corroborating evidence.  CREDIT HISTORY Record of how a consumer has paid credit accounts in the past, used as a guide to determine whether the consumer is likely to pay accounts on time in the future.  CREDIT REPORT A record or file to a prospective lender or employer on the credit standing of a prospective borrower, used to help determine credit worthiness.  CRIME AGAINST NATURE Deviate sexual intercourse.  CRIMINAL CASE A charge filed by a prosecutor against a defendant concerning violation of a criminal law. The act of violating a criminal law is an offense against the community, not a private wrong.  CRIMINAL NONSUPPORT Failure to pay child support.  CULPABILITY Blame, or degree of responsibility for a crime. This may 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. Top of Page D  DEFENDANT A person who has been formally charged with committing a crime.  DELIBERATIONS Discussions held by the jury, after all evidence has been presented, to decide the outcome of a case.  DE NOVO Latin for "anew" or "afresh". Usually used as Trial De Novo. New trial, or one that is held for s second time, as if there has been no previous trial or decision.  DEAD DOCKET The case never went to trial. The case can be reopened if new evidence is submitted.  DEFERRED ADJUDICATION OF GUILT The final judgement 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 the disposition is not necessarily considered a 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, 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).  DIRECT EVIDENCE Evidence that stands on its own to prove an alleged fact, such as testimony by a teller that she saw the defendant pointing a gun at her and heard him demand money during a bank robbery.  DISPOSED / DISPOSITION The final settlement in the matter. Examples of disposed cases are this with the finding of guilt (conviction), innocence, or acquittal.  DISTRICT COURT All criminal cases, for persons 17 years or older, are started in the district court. It is the trial court for all misdemeanors for which punishment does not exceed one year, civil infractions, civil small claims actions (up to $1,750), civil law suits under $25,000, garnishments, evictions, foreclosures and other proceedings. This Court conducts initial arraignments, sets and accepts bond and conducts preliminary examinations in felony cases. District Court procedures are essentially like those used in Circuit Court with the exceptions that a city/township ordinance may be prosecuted by that city's/township's attorney ... and pre-sentence investigations are not always prepared on misdemeanors. There are approximately 100 district courts in Michigan. District court judges are elected for 6-year terms on a non-partisan ballot.  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 or probation. May include some type of anger management, drug rehab, etc. If the condition of the program is met, charge may be considered non-conviction.  DOCKET / CASE DOCKET A written list of all important acts done in court in the conduct of an individual case, from beginning to end. This term is also commonly, but improperly, applied to the case calendar (a list of cases set for a hearing by a court on a specific day).  DOCKET NUMBER Number assigned by the court's clerk to identify each case.  DOUBLE JEOPARDY Being tried twice for the same offense. Jeopardy 'attaches' (begins) in a jury trial when the selected jury is sworn, and attaches in a bench trial when the first witness is sworn. Top of Page E  EMBEZZLEMENT The core of this crime is a violation of trust: the agent (e.g., employee) was entrusted with the principal's (e.g., employer) property, acquired the principal's property through that relationship of trust, and dishonestly disposed of/took/hid/converted the property to his own use.  ENTRAPMENT Entrapment occurs when police engage in impermissible conduct that would induce an otherwise law-abiding person to commit a crime in similar circumstances, or when police engage in conduct so reprehensible that it cannot be tolerated by the court. Entrapment does not occur if the defendant has the propensity to commit the crime, and the police conduct only gives the defendant the opportunity to commit the crime.  EQUAL CREDIT OPPORTUNITY ACT(ECOA) A federal law that requires lenders and other creditors to make credit equally available without discrimination based on race, color, religion, national origin, age, sex, marital status, or receipt of income from public assistance programs.  EQUIFAX One of the three major credit reporting agencies, headquartered in Atlanta, Georgia.  EVIDENCE information presented in testimony or documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.  EXPERIAN One of the three major credit reporting agencies, formerly known as TRW.  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. Top of Page F  FAIR CREDIT REPORTING ACT A federal law, established in 1971, and revised in 1997, which enables consumers to learn what information Credit Reporting Agencies have on file about them, and to dispute inaccurate data in the file. It also establishes specific permissible purposes for which credit reports may be requested, and places time limits on how long adverse information may be reported.  FELONY A crime carrying more than one year possible incarceration.  FORFEITURE Real or personal property to which a person loses his right of possession due to the commission of a crime or by way of an assessed penalty. A forfeiture may be either administrative or judicial. Top of Page G  GARNISHMENT Legal process whereas a creditor has obtained judgment on a debt may obtain full or partial payment by seizure of a portion of a debtor's assets (wages, bank account, etc...).  GRAND JURY A group of citizens convened in a criminal case to consider the prosecutor's evidence and determine whether probable cause exists to prosecute a suspect for a felony. Grand juries are rarely used in Michigan state courts, but are used by Federal courts.  GRAND LARCENY The theft of property over a specified value. Dollar amounts vary by state.  GROSS Flagrant, out of measure.  GUILT / GUILTY Final disposition. Having committed a crime. Top of Page H  HABEAS CORPUS A writ (order) to bring a person before a court. In its most common usage, the writ directs a warden or jailer to bring a prisoner or person detained so that the court may determine whether such person is lawfully confined.  HEARSAY A statement made outside of court (i.e., not from the witness stand at the present proceeding) that is offered into evidence not merely to prove that the statement was made but to prove that it was true. Dozens of long-established exceptions exist to the general rule that hearsay statements are inadmissible in court; the exceptions are based on circumstances where the out-of-court statements carry a likelihood of trustworthiness (e.g., deathbed statements, self-incriminating statements, statements made to doctors about medical conditions, etc.).  HUNG JURY A criminal jury that cannot reach a unanimous verdict. Top of Page I  ILLICIT Prohibited or unlawful.  IMMUNITY A court-approved agreement by a prosecutor to not prosecute a person, in return for providing criminal evidence against another person or party.  IMPEACHMENT The process of calling something into question, as in "impeaching the testimony of a witness." Impeachment generally challenges a witness' credibility with evidence of bias, prior inconsistent statements, etc.  INCENDIARY One who intentionally set fire. Arsonist.  INDICTMENT A formal accusation of a felony, issued by a grand jury after considering evidence presented by a prosecutor.  INJUNCTION An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.  INTEREST The cost of borrowing or lending money, usually a percentage of the amount borrowed or loaned.  INVOLUNTARY DISMISSAL Dismissed due to lack of prosecution or lack of evidence. Top of Page J  JURISDICTION The power of the court to decide a case before it, which depends on the type of case and how closely connected the parties are to the county where the court is located.  JURY Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact.  JUVENILE A youth under the age of 17. Top of Page K  KIDNAPPING The unlawfully taking and carrying away or confinement of a person by force and against his/her will.  KIDNAPPING (Parental) Occurs when a natural or adoptive parent takes or retains a child for more than 24 hours with intent to detain or conceal the child from the parent who has legal custody or visitation rights at the time, the person who adopted the child, or the person who had lawful charge of the child. Top of Page L  LARCENY Stealing. The unlawful taking and carrying away of property of another with the intent to keep it from the owner. This is a specific intent crime, and cannot occur accidentally. The crime is completed when the defendant actually or constructively possesses or controls the property, moves or hides it, and specifically intends to permanently deprive the owner of it.  LAWYER An attorney. A person authorized to practice law in a state to represent the legal interests of another person.  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. Top of Page M  MAGISTRATE Used generally, this title means a judge. In Michigan, it is a quasi-judicial officer in a district court who has the authority to set bail, accept bonds, conduct informal hearings on civil infractions, accept guilty please and impose sentences for traffic violations, and perform marriage ceremonies.  MALICE Intent to commit a wrongful act without just cause or excuse. Evil intent, motive or purpose.  MAYHEM The intentional infliction of injury on another which causes amputation, disfigurement or impairs the function of any part of the body.  MINOR A youth under a law's age of majority. Procedurally, a youth is considered a minor regarding criminal offenses until his 17th birthday, and are handled in Juvenile Court; offenses committed after his 17th birthday are handled in District Court and Circuit Court. Some crimes have substantive age limits: alcohol offenses have an age of majority of 21, tobacco offenses have an age of majority of 18, etc.  MIRANDA WARNING A warning given by police before custodial interrogation. It advises the person that he does not have to talk to police, and his silence will not be held against him, and his right to legal counsel before talking to police.  MISDEMEANOR A crime carrying maximum jail time of one year or less.  MISTRIAL A trial declared by a judge to be defective and void, generally due to prejudicial error in the proceedings or a "hung jury" (a jury that could not agree upon a verdict). Top of Page N  NEGLIGENCE slight negligence: doing something that isn't dangerous, that only an extremely careful person would have thought could cause injury. ordinary negligence: carelessness ... not taking reasonable care under circumstances as they were at the time ... something that a sensible person would know could hurt someone. gross negligence: more than carelessness ... failure to use even the slightest amount of care in a way that shows recklessness or willful disregard for the safety of others due to an act or failure to act ... defendant must have known of the danger to another (i.e., knew of a situation requiring ordinary care to avoid injuring another) and could have avoided injury by using ordinary care and failed to use ordinary care to prevent injuring another when a reasonable person would have seen that serious injury would likely result.  NEGOTIATED PLEA See Plea Bargain.  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.  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 CONTENDERE Latin term meaning "I will not contest it.". Top of Page O  OBTAIN PROPERTY UNDER FALSE PRETENSE The misrepresentation of the value of something. Passing a bad check.  ORDINANCE A local law or regulation enacted by the governing body of a municipality or county. It has no effect outside that village, city, township or county. Top of Page P  PANDER To provide products or services which cater to the sexual gratification of others. To entice another into prostitution.  PAROLE The conditional release from prison of a convict before the expiration of a felony sentence. The parolee (the released person) need not serve the remainder of his sentence, unless he violates terms of his release. The parolee is under the supervision of a state parole officer during the parole period.  PERJURY Knowingly making a material false statement while under oath to tell the truth.  PLAINTIFF The person who originally filed a court action.  PLEA The defendant's response to a criminal charge (guilty, not guilty or nolo contendere).  PLEA AGREEMENT / BARGAIN An agreement between the Prosecutor and the defendant for the defendant to plead guilty or no-contest under certain terms and conditions. The agreement could include the defendant pleading to all pending charges with a sentence agreement, or pleading to less than all of his pending charges, or pleading to a less serious charge, or pleading guilty to one or more pending charges in exchange for dismissal of other unrelated charges. All plea agreements must be approved by the judge. Plea agreements are a means of arriving at a reasonable disposition without the necessity of a trial.  PRAYER FOR JUDGEMENT, 1st OFFENSE (NC) Asking the court to give leniency. No finding of guilt by the court.  PRELIMINARY HEARING The first stage in a juvenile delinquency or child protective proceeding when the child is in custody. An informal proceeding in the Family Division of Circuit Court in which the juvenile &/or parents and attorney are informed about the allegations in the petition. Testimony by the petitioner may be required to determine if the juvenile should not be placed with his parents pending further action on the petition.  PRE-TRIAL INTERVENTION An extensive background check to help determine if charges will be pressed.  PRINCIPAL The outstanding balance of a loan, exclusive of interest and other charges.  PROBABLE CAUSE Facts and circumstance sufficient to convince a person of reasonable caution that an offense has been committed; mere suspicion or belief, unsupported by facts or circumstances, is insufficient. A search warrant may be authorized, or a warrant-less arrest may be made, upon probable cause.  PROBATION A discretionary sentencing option for most misdemeanor and felony convictions where the defendant avoids some/all incarceration, and is released back into the community under the supervision of a probation officer for a specific time period, with many rules to follow. Some rules are standard (i.e., to not violate any more laws), while others are specific to the defendant or crime. If the defendant violates any term of probation, the assigned probation officer (or the Prosecutor) can ask the sentencing judge to impose additional penalties.  PROSECUTOR An elected or appointed official vested with authority by a constitution, statute or ordinance to represent the public interest and take legal action against persons violating state or local criminal laws.  PUBLIC RECORD Information obtained by the Credit Reporting Agency from court records , such as liens, bankruptcy filings and judgments. Public records are open to any person who requests to see them. Top of Page Q  QUASH To nullify, void or declare invalid. Top of Page R  RACKETEERING An organized conspiracy for the purpose of committing crimes of extortion or coercion.  REASONABLE DOUBT A fair, honest doubt based on the evidence produced at trial (or missing from the proofs). A reasonable doubt must be based on reason and common sense, not on conjecture, speculation, possibilities or imaginary scenarios.  RECKLESS ENDANGERMENT An act which does or could cause injury to another, not necessarily with intent.  REPOSSESION Forced, or voluntary surrender of merchandise as a result of the customer's failure to pay as promised. There are several types and descriptions of repossession actions.  RESTITUTION Payments ordered by the judge to repay victims for economic losses incurred as the result of the crime (property loss or injuries). Does not include compensation for pain and suffering, emotional distress or other non-economic damages that can result in compensation through a civil law suit.  RICO ACT Racketeer Influenced and Corrupt Organizations Act. Top of Page S  SEARCH WARRANT A court order that a specific location may be searched for items which, if found, can be seized by the government for possible use in court as evidence.  SELF DEFENSE A legally-justified use of force to protect one's self, another person, or property against some injury attempted by another person ... the right to repel force with force ... the defendant (i) must have honestly and reasonably believed that he had to use force for protection, (ii) may use only the type and degree of force that seems necessary for protection at the time based on the circumstances known to him, (iii) must not have acted wrongfully and brought on the assault (i.e., provoked the attack) ... In Michigan, a Prosecutor has the burden of disproving a defendant's self-defense claim beyond a reasonable doubt.  SLANDER Defamation by verbal communication. Making false and malicious statements about another.  SPECIFIC INTENT A special mental element that must be proven for some crimes. For example, larceny requires proof that the defendant specifically intended to steal the victim's property (i.e., to permanently deprive the owner of the property); if the defendant unknowingly possessed the victim's property or was truly borrowing it temporarily, no theft/larceny occurred.  STATUTE A law passed by a legislature.  STATUTE OF LIMITATIONS Deadlines set by statute for filing criminal charges or civil lawsuits within a certain time after events occur that are the source of the charge or claim. The time limit on the right to seek relief in court.  STATUTORY RAPE Sexual activity by an adult with a person under the age of consent.  STRICKEN To eliminate or expunge.  SUBPOENA A court order requiring a person to appear in court and give testimony as a witness, and/or to produce documents. An employer cannot act upon or threaten to discharge or discipline a witness for missing work to testify in court when subpoenaed.  SUSPENDED SENTENCE Deferment of punishment usually over a period of probation. Top of Page T  TESTIMONY Evidence presented orally and under oath by witnesses during trials or other court proceedings.  THEFT OF SERVICES Obtaining services without consent through deception, threat, tampering, etc.  TRANSCRIPT The official record of the testimony adduced in a trial or hearing.  TRANS UNION One of the three major Credit Reporting Agencies.  TRUNCATED FILES Destroyed or partially destroyed. Unable to obtain any more information. Top of Page U  UNDERAGE Describing a person who has not yet reached the minimum age set by law for a specified activity, such as consumption of alcohol, etc.  UNLAWFUL ENTRY Entry without force and without permission by means of fraud or other wrongful act.  UTTER To offer or pass counterfeit money as genuine.  UTTERING Possession of an altered instrument or forged document, and knowing that it is not genuine, but using it with intent to defraud. Top of Page V  VACTE(JUDGEMENT) To make void; to cancel.  VERDICT Decision of a jury or a judge on the issues submitted to the court for determination.  VICTIM A person or entity who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime.  VOLUNTARY DISMISSAL The court or district attorney dismisses the charges against an individual. Top of Page W  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 A court order authorizing an arrest.  WEAPONS OFFENSES The unlawful sale, distribution, manufacture, alteration, transport, possession or use of a deadly or dangerous weapon.  WITNESS Person who comes to court (sometimes by subpoena) and swears under oath to give truthful evidence.  WRIT A written court order, or a judicial process.  WRONGFUL ENTRUSTMENT Allowing an unlicensed driver to operate a motor vehicle. Top of Page X Top of Page Y  YOUTHFUL OFFENDER Classification of youths and young adults, generally older tha 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. Top of Page Z

	HAS - Human Assets South F.A.C.T.S.SM Glossary FACTA Disclosure Labcorp Locations	Links EEOC FCRA DOL SHRM	Human Assets South, Inc. 4315 South Lee Street Suite 200 Buford, Georgia 30518 Phone: (800) 553-7276               (770) 614-8900 Fax:       (770) 614-4447	Human Assets South, Inc. Copyright ® 2010 All rights reserved.