Criminal Law Terms

< Criminal Lawyer

Search Warrant
Search warrants are written orders from a judge or magistrate authorizing actions by an appointed official. The search warrant must specify a location which is to be searched for specific items; items the search warrant names may be seized for possible use in court as evidence. To obtain a search warrant, the official must show probable cause that the items are in the place that the search warrant specifies, and that such items are evidence of criminal activity.

Self Defense
Self defense is the legally justified use of force to protect oneself against an attempted injury; the "self defense" justification may also be used in the protection of another person or of property. Under self defense, the defendant has the right to repel force with force. In order to prove a self defense claim, the defendant must have honestly and reasonably believed that protection required force. Other self defense factors include the restriction of amount and type of force used. Defendants plead self defense must also demonstrate that they did not bring on the assault. Depending upon the state, self defense must either be proved by the defense or disproven by the prosecution.

Sentence
A sentence is the punishment ordered by a court for a defendant convicted of a crime. Sentences of imprisonment frequently follow guidelines specifying the minimum and maximum sentence time for various crimes. Sentences for multiple crimes can be ordered to be served in one of two ways: concurrent sentences are served simultaneously-for instance, if an individual receives a three year sentence for one crime and a five year sentence for another, the first three years served count for both the total three year sentence and the first three years of the five year sentence; in some cases, a judge will order that the sentences must be served consecutively-meaning that the sentences are served one after the other, beginning with the shortest sentence, so that the same individual with the three and five year sentences would serve the three year sentence first and then serve the five year sentence.

Sex Offender
Sex offenders are persons convicted of criminal sexual conduct or similar crimes. In many cases, a sex offender must register with his/her state of residence and maintain contact with the state. Databases of sex offenders are maintained by some states, allowing persons living in the same area to search for sex offenders who may pose a threat to themselves or their children. Being convicted as a sex offender can carry lifelong consequences for the defendant.