A   B   C   D   E   F   G   H   I   J   K   L   M   N   O   P   Q   R   S   T   UVW    X   Y   Z

 

A

Aggravated Unlicensed Operation (AUO)

Operation  while  license or privilege is suspended or revoked; aggravated unlicensed operation

Affidavit

A written statement of fact that is verified by oath or affirmation before a notary public.

Alibi

A “lack of presence” defense. The defendant need not prove that he was elsewhere when the crime happened; he need only notify the Prosecutor of his intent to claim an alibi (along with his list of alibi witnesses). Ultimately, the Prosecutor must prove beyond a reasonable doubt that the defendant was present (i.e., a Prosecutor must disprove a claimed alibi).

Appeal

A request to a supervisory court, usually composed of a panel of judges, to overturn the legal ruling of a lower court.

Arraignment

A criminal defendant’s first appearance before a judge. The primary purpose is to inform the defendant of what charge he is facing.

Assault

An unlawful act that places another person in reasonable apprehension of receiving an immediate battery. Also defined as an attempt to commit a battery. The defendant must have intended to injure the victim or make the victim reasonably fear being struck. An assault is intentional, not an accident. Note: The victim need not be actually injured for a “Simple Assault,” but injuries can be circumstantial proof of higher levels of assaults. For example, proof that a victim was physically injured and needed immediate medical attention can distinguish “Simple Assault” from “Aggravated Assault.” The type or severity of injury may also prove the defendant’s “intent” (i.e., Assault With Intent to Do Great Bodily Harm Less Than Murder, Assault with Intent to Maim, Assault With Intent to Murder, etc.).

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.

Bankruptcy

• Chapter 7    –    Debtor sells assets in return for discharge of debt.
• Chapter 11    –   Debtor company reorganizes under court supervision.
• Chapter 12    –   Family farm repays debt.
• Chapter 13    –    Debtor arranges plan to repay debt.

Battery

An intentional, unwanted and forceful/violent touching of another person, or something closely connected with that person.

Bench Trial

A trial held before a judge and without a jury.

Bind-Over

A finding at a preliminary examination that sufficient evidence exists to require a trial at the Circuit Court level on the charges made against the defendant.

Bond

A debt intended to insure the defendant’s future appearances in court. The amount of the bond is set by a judge or magistrate. Factors influencing the amount set include the seriousness of the charge, the defendant’s criminal history, and the defendant’s ties to the community. There are four types of bonds:

• Personal recognizance bonds (a.k.a. “PR” bonds, or “signature bonds”) do not require the defendant or a third party to pay money to the court, unless the defendant later fails to appear.
• Percent bonds require the defendant to post a percentage of the full bond (generally as low as 10%) to get out of jail, and the remaining percentage is due only if the defendant later fails to appear.
• Cash bonds require the full amount of the bond to be paid in cash before the defendant can be released. If the defendant appears at all future court dates, most of the monies are returned to the person posting the bond.
• Surety bonds are posted by a professional bondsman after being paid a non-refundable percentage of the full amount by the defendant.

Breaking

As in “breaking & entering.” Using some force to enter a building (opening a door, raising a window, taking screen off, etc.); damage need not result.

Burden of Proof

The duty to establish by evidence a requisite degree of belief concerning a fact in the mind of a trier of fact. The duty to establish facts in an adversary proceeding. Different burdens of proof exist in the law:

• Prima facie evidence: evidence which is good and sufficient “on its face” to establish a given fact when un-rebutted or not contradicted. Probable cause.
• Preponderance of the evidence: the burden of proof in civil cases. Evidence which, as a whole, shows that the fact sought to be proved is more probable than not. Evidence which is more credible and convincing to the mind. It is generally visualized as that side of the dispute toward which the scales tip when the credible evidence is weighed by the trier of fact. Something more than 50 percent of the credible evidence. Clear and convincing evidence: the burden of proof in selected proceedings, such as termination of parental rights. A measure of proof which produces a firm belief as to the allegations. It is difficult to quantify, but is more than a “preponderance” and less than “beyond a reasonable doubt.” Beyond a reasonable doubt: the degree of belief a criminal juror (or the judge in a bench trial) must have regarding all factual elements of a charged crime. No doubt, based on reason and common sense, can exist as to any fact needed to be proved.

Burglary

The act of entering or remaining unlawfully (as after closing to the public) in a building with intent to commit a crime (as a felony).

C

Contempt

Willful disobedience or open disrespect of the orders, authority, or dignity of a court or judge acting in a judicial capacity by disruptive language or conduct or by failure to obey the court’s orders.

Criminal Possession Stolen Property (CPSP)

When that person knowingly possesses stolen property, with intent to benefit himself or herself or a person other than an owner thereof or to impede the recovery by an owner thereof.

Criminal Possession Controlled Substance (CPCS)

When that person knowingly and unlawfully possesses a controlled substance with the intent to sell it.

Criminal Possession of a Weapon

When that person knowingly 1 possesses any firearm, electronic dart gun [or electronic stun gun] [or gravity knife] [or switchblade knife] [or pilum ballistic knife] [or metal knuckle knife] [orcane sword] [or billy] [or blackjack] [or bludgeon] [or metal knuckles] [or chuka stick] [or sand bag] [or sandclub] [or wrist-brace type slingshot or slungshot] [or shirken] [or “Kung Fu star].

D

Defendant

A person who has been formally charged with committing a crime.

Delinquency (Criminal)

A crime committed by a minor under the age of 17. Juvenile delinquency offenses are prosecuted in the Family Division of Circuit Court.

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.

Direct Examination

The questioning of a witness by the party who first called the witness to the stand.

Disclosure Statement

A document prepared by lenders that requires explanation of certain applicable terms such as the Annual Percentage Rate (APR), payment schedule, periodic rate, finance charge, principal and other fees associated with the loan.

Disorderly Conduct

Someone who is displaying such conduct is called a “disorderly person.” Includes socially offending conduct such as the following:

• refusing or neglecting to support one’s family;
• common prostitution;
• window peeping;
• public intoxication that is endangering people, or causing a public disturbance;
• indecent or obscene conduct in a public place;
• vagrancy;
• public begging;
• loitering in a place of illegal business, including a house of ill fame or prostitution; or
• jostling or roughly crowding people unnecessarily in a public place

Penalty: Misdemeanor—up to 90 days and/or $100.

Disposition

A Juvenile Court hearing that is the equivalent of a “sentencing” in adult courts.

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 six-year terms on a non-partisan ballot.

Double Jeopardy

Being tried twice for the same offense. Jeopardy “attaches” or begins in a jury trial when the selected jury is sworn, and attaches in a bench trial when the first witness is sworn.

E

Endangering the Welfare of a Child

Any person who “knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 or directs or authorizes such child to engage in an occupation involving substantial risk of danger to his life or health.

Emancipation

termination of the rights of the parents to the custody, control, services and earnings of a minor.

• Emancipation occurs by operation of law when the minor (a) is validly married,
• turns 18 years old, or
• is on active military duty.

A minor can also petition the family division of circuit court to seek emancipation, but must demonstrate that he can manage his financial and social affairs, and attach affidavits from a physician, psychologist, therapist, nurse, clergy, etc with personal knowledge of the minor’s circumstances, and a belief that emancipation is in his best interests. A Prosecutor has no official role in an emancipation petition hearing.

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. On 1/1/1999, Michigan doubled the levels of Embezzlement to the following:

• under $200—Misdemeanor— up to 93 days and/or $500, or three times amount embezzled, whichever is greater at least $200 but less than $1,000 (or repeat offender of above).
• Misdemeanor—up to one year and/or $2,000, or three times amount embezzled, whichever is greater—at least $1,000 but less than $20,000 (or repeat offender of above).
• Felony—up to five years and/or $10,000, or three times amount embezzled, whichever is greater—$20,000 or more (or repeat offender of above)
• Felony—up to 10 years and/or $15,000, or three times amount embezzled, whichever is greater.

Ex-Parte

Latin that means “by or for one party.” Refers to situations in which only one party (and not the adversary) appears before a judge. Such meetings are often forbidden.

Ex-Parte Order

An order entered without giving the party affected by the order an opportunity to be heard in court before the order is issued. An emergency order used when one party could be irreparably harmed by waiting for a hearing date. The orders are generally short-term, and hearings are scheduled soon after the order is entered to give the other party a chance to be heard.

F

Fraud

Any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage.

G

Grand larceny

Felonious larceny of property having a value greater than an amount fixed by law.

H

Harassment

Discrimination consisting of unwelcome verbal or physical conduct (as comments, jokes, or acts) relating to the victim’s constitutionally or statutorily protected classification (as race, religion, ethnic origin, or age) that has the effect of substantially interfering with a person’s work performance or of creating a hostile work environment

I

Intent

Means conscious objective or purpose.

J

Judgment

A sense of knowledge sufficient to comprehend nature of transaction. The formation of an opinion or notion concerning some thing by exercising the mind upon it.

K

Kidnapping

At common law, the forcible abduction or stealing and carrying away of a person from one country to another. A person is guilty of kidnapping if he unlawfully removes another from his place of business or residence.

M

Misdemeanor

Offenses lower than felonies and generally those punishable by fine, penalty, forfeiture or imprisonment otherwise than in a penitentiary. Under federal law, and most state laws, any offense other than a felony is classified as a misdemeanor.

Molestation

A person who commits any lewd or lascivious act upon or with the body of a child, with the specific intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or the child.

N

Negligence

failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation.

O

OGA

Obstructing governmental administration.

P

Petit Larceny

Larceny of property having a market value below an amount fixed by law
(called also petty larceny).

Q

Quid pro quo

What for what, something for something. Used in law for the giving of one valuable thing for another.

R

Reasonable belief

To make an arrest without a warrant when facts and circumstances within the arresting officer’s knowledge, and of which he had reasonably trustworthy information, are sufficient in themselves to justify a man of average caution in belief that a felony has been or is being committed.

Rape

Unlawful sexual activity and usu. sexual intercourse carried out forcibly or under threat of injury against the will usu. of a female or with a person who is beneath a certain age or incapable of valid consent because of mental illness, mental deficiency, intoxication, unconsciousness, or deception.

S

Stalking

Any person who willfully, maliciously and repeatedly follows or harasses another person is guilty of the crime of stalking.

Stephanie’s Law (New York 2003)

Unlawful surveillance in the first degree: A class “D” felony, is punishable by up to 28 months to seven years in state prison if the perpetrator also commits 2nd degree unlawful surveillance and has been previously convicted of the first or second degree offense.

Unlawful surveillance in the second degree: A class “E” felony, is punishable by up to 15 months to 4 years in state prison if the perpetrator, for no legitimate purpose, uses or installs an imaging device to surreptitiously view or record another person in a bedroom, bathroom, changing room; for sexual arousal, amusement, entertainment, profit, or to abuse or degrade, surreptitiously views a person dressing or undressing when the person has a reasonable expectation of privacy; to surreptitiously view under a person’s clothing.

Dissemination of an unlawful surveillance image in the first degree: A class “E” felony punishable by up to 15 months to 4 years in state prison, if the perpetrator publishes or sells an image unlawfully obtained; disseminates an image unlawfully obtained; commits the first degree offense and has no prior conviction of the first or second degree offenses.

T

Transient

An individual with no permanent living arrangement, i.e., no fixed place of residence, is considered homeless or transient.

 

Trespass

Trespass to property that is forbidden by statute and punishable as a crime as distinguished from trespass that creates a cause of action for damages.

UVW

Warrant

(Arrest Warrant) A written order of the court which is made on behalf of the state, or United States, and is based upon a complaint issued pursuant to statute and/or court rule and which commands a law enforcement officer to arrest a person and bring him before a magistrate.

XYZ

Youthful offenders

Status classification of youths and young adults generally older than juveniles (age 18 to 25), who are given special consideration.

 

 

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