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Glossary of Legal Terms


Acquit
To find a defendant not guilty in a criminal trial.

Affidavit
A written statement of facts confirmed by the oath of the party making it, before a notary or office having authority to administer oaths.

Appellate Court
A court having jurisdiction to hear appeals and review a trial court's procedure.

Arraignment
A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.

Bench trial
A trial without a jury, in which the judge serves as the fact-finder.

Bench Warrant
An order written, signed, and issued by a judge for the arrest of a person.

Booking
The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest.

Caption
The heading on a legal document listing the parties, the court, the case number, and related information.

Caseload                                                                                                               The number of cases handled by a judge or a court.

Consecutive Sentences
Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations. Prison terms for two or more offenses to be served one after the other. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars.

Conviction
A judgment of guilt against a criminal defendant.

Counsel
Legal adviser; a term used to refer to attorneys in a case.

Court administrator/clerk of court
An officer appointed by the Court to oversee the administrative, non-judicial activities of the court.

Damages
Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct).

Date of disposition
The date that charges are dismissed if no conviction resulted or the defendant was found not guilty. Also, the date a case was concluded (sentence entered).

Defendant
In a criminal case, the person accused of the crime.

Dismissal
The termination of a lawsuit.

Dismissal without Prejudice
A dismissal without prejudice allows a lawsuit to be brought before the court again at a later time.

Dismissal with Prejudice
A dismissal with prejudice prevents the lawsuit from being brought before a court in the future.

Disposition
The sentencing or other final settlement of a criminal case.

Domestic Violence
A pattern of coercive behavior that is used by a person against a household member, as defined in NMSA 30-3-11(A), to gain power and control over the other household member in the relationship. This behavior may include any of the following: physical violence, sexual abuse, emotional and psychological intimidation, verbal abuse and threats, stalking, isolation from friends and family, economic control, and destruction of personal property.

Expungement
Official and formal erasure of a record or partial contents of a record.

Expungement order
An order signed by a judge which clears, erases, seals, or destroys a prior criminal proceeding.

Felony
A crime of graver nature than a misdemeanor, usually punishable by imprisonment in a penitentiary for more than a year and/or substantial fines.

Grand jury
A body of person sworn to inquire into crime and if appropriate, bring accusations (indictments) against the suspected criminals.

Hearing
A court proceeding usually held before a judge in which the facts of a case are heard.

Hearsay
Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial.

Implied Consent Act Violation
An Implied Consent Violation means driving while over the .08 limit (.02 for those under 21 and .04 for commercial drivers), or refusing to take a test for alcohol or other drugs when requested by a law enforcement officer. The Implied Consent Act says that those who drive in New Mexico are considered to have given their consent to chemical testing of their blood or breath. The only punishment for an Implied Consent Violation is revocation of license. All other penalties come under the separate criminal portion of the law.

Indictment
Written accusation by a grand jury charging a person with a crime.

Judgment
Final disposition of a lawsuit.

Jurisdiction
(1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Legal aid
Professional legal services available usually to persons or organizations unable to afford such services (i.e. New Mexico Public Defenders Office).

Misdemeanor
A criminal offense considered less serious than a felony.

Motion
Oral or written request made by a party to an action before, during, or after a trial, upon which a court issues a ruling or order.

Motion in Limine
A pretrial motion requesting the court to prohibit the other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced.

Nolle prosequi
Decision by the State (District Attorney/ Prosecutor) not to go forward with charging a crime. "I do not choose to prosecute." A.k.a nolle pros.

Nolo contendere
A plea of no contest. In many jurisdictions, it is an expression that the matter will not be contested, but without an admission of guilt.

Notarized
To certify or attest (a document) as a notary.

Order
A written or oral command from a court directing or forbidding an action.

Parole
The supervised conditional release of a prisoner before the expiration of his or her sentence. If the parolee observes the conditions, he or she need not serve the rest of his or her term.

Petition for expungement
The application to the court requesting that the court expunge your record.

Petitioner
Person filing an action in court.

Plea
In a criminal proceeding, it is the defendant's declaration in open court that he or she is not guilty. The defendant's answer to the charges made in the indictment or information.

Plea bargaining (plea negotiating)
The processed through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. Usually it is a legal transaction in which a defendant pleas guilty in exchange for a lesser sentence. It often involves a guilty plea to a lesser charge or a guilty plea to some of the charges if other charges are dropped.

Pretrial intervention program
Provides defendants, generally, first time offenders, with an alternative to the traditional criminal justice process. If Pretrial intervention is successfully completed, there is no record of conviction.

Probation
An alternative to imprisonment allowing a person found guilty or pleading guilty to an offense to say in the community, usually under conditions and under the supervision of a probation officer. A violation of probation can lead to its revocation and to imprisonment.

Pro se
Latin term meaning "on one's own behalf", in courts, it refers to a person who presents their own case without a lawyer.

Prosecutor
A trial lawyer representing the government in a criminal case. The prosecutor has the responsibility of deciding who and when to prosecute (i.e. District Attorney, the “State”, US Attorney)

Public defender
A lawyer who provides legal representation for adults and juveniles charged with criminal offenses who are unable to afford private lawyers.

Rap sheet
The State Police record which reflects any arrests, charges, and disposition.

Respondent
The person against whom an appeal is taken. See petitioner.

Restitution
The act of giving the equivalent for any loss, damage or injury (pay back amount taken).

Secured creditor
A secured creditor is an individual or business that holds a claim against the debtor that is secured by a lien on property of the estate. The property subject to the lien is the secured creditor's collateral.

Secured debt                                                                                                        Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default. Examples include home mortgages, auto loans and tax liens.

Sentence
The punishment ordered by a court for a defendant convicted of a crime. A concurrent sentence means that two or more sentences would run at the same time. A consecutive sentence means that two or more sentences would run one after another.

Service
The delivery of a legal document, such a complaints, summons, or subpoena, notifying a person of a lawsuit or other legal action taken against him or her. Service, which constitutes formal legal notice, must be made by an officially authorized person in accordance with the formal requirements of applicable law.

Stalking
Purposely pursuing a pattern of conduct directed at a specific person when the individual knows or should know that the pattern of conduct would cause a reasonable person to fear for his or her safety or the safety of a household member. The “pattern of conduct” means two or more acts, including, but not limited to, acts in which the individual directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens, or communicates to or about, a person, or interferes with a person’s property.

Subpoena
A court order compelling a witness to appear and testify. A command, issued under a court's authority, to a witness to appear and give testimony.

Subpoena duces tecum
A command to a witness to appear and produce documents.

Vacate
To set aside. To vacate a judgment is to set aside that judgment.

Venue
The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another.

Verdict
A conclusion that forms the basis for the court's judgment.

Waiver
Intentionally giving up a right.

Warrant
A court order authorizing law enforcement officers to make an arrest or conduct a search.


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