Legal glossary

A

Acquittal

A finding by a judge or jury that a person is not guilty of a charge. It means the prosecution did not prove its case, and the person generally cannot be tried again for the same offense.

Affidavit

A written statement of facts that a person signs under oath, usually in front of a notary or court officer. Because it is sworn, knowingly false statements in an affidavit can carry penalties.

Arraignment

Usually the first court appearance in a criminal case, where the charges are read and the person enters a plea. Release conditions and appointment of a lawyer are often addressed at the same time.

Arrest

Taking a person into custody so they can be charged with a crime. An arrest generally requires probable cause or a warrant, and it is more than a brief traffic stop.

Attorney-client privilege

A rule that generally keeps private communications between a person and their lawyer confidential when made to get legal advice. There are exceptions, and sharing the communication with others can weaken it.

B

Bail

Money or a promise a court accepts to release a person from jail while their case is pending, to make sure they return for court. Many courts also set conditions of release.

Bench warrant

A warrant a judge issues from the bench, most often when a person misses a required court date or does not pay as ordered. It can lead to arrest at a later stop.

Bodycam

A camera worn by a police officer that records video and audio during contacts with the public. Access to the footage, and how long it is kept, depends on agency policy and state law.

Burden of proof

The duty to prove the facts in a case. In criminal cases the prosecution must prove guilt beyond a reasonable doubt; in most civil cases the standard is a preponderance of the evidence, meaning more likely than not.

C

Citation

A written notice from an officer stating that a person is accused of a violation, often a traffic offense. It usually lists the charge, the court and a deadline to respond or appear.

Civil infraction

A minor violation, such as many traffic offenses, that is handled outside the criminal system in many states. It usually carries a fine rather than jail and does not create a criminal record.

Claims adjuster

A person who works for an insurance company to investigate a claim, review damage and injuries, and decide how much the insurer offers to pay. The adjuster works for the insurer, not for you.

Comparative negligence

A rule used in many states that divides fault among the people involved in an accident. Compensation may be reduced by the share of fault assigned to the injured person, and rules vary by state.

Complaint

In a civil case, the document that starts a lawsuit and states the claims. The word also describes a formal report of officer misconduct filed with a police agency or oversight body.

Consent search

A search done because a person agreed to it rather than under a warrant or another legal exception. Courts generally treat consent as valid only when it is given voluntarily.

Contingency fee

A fee arrangement, common in injury cases, where the lawyer is paid a percentage of any money recovered and nothing in fees if there is no recovery. Case costs may be handled separately, so the written agreement matters.

Continuance

A postponement of a court date to a later time. A party usually has to ask the court, and the judge decides whether there is a good reason to grant it.

Conviction

A judgment that a person is guilty of an offense, either after a trial or through a guilty or no-contest plea. A conviction can appear on a criminal or driving record.

Court appearance

A scheduled time when a person must be present in court, in person or sometimes remotely. Missing a required appearance can lead to a default, added penalties or a bench warrant.

Custodial interrogation

Questioning by police after a person is in custody, meaning a reasonable person would not feel free to leave. This is the point at which Miranda warnings are generally required.

D

Damages

Money a court orders, or a settlement provides, to make up for a loss or injury. Damages can cover things like medical bills, lost pay, property repair and pain and suffering.

Dashcam

A camera mounted in a vehicle that records the road and sometimes the interior. Footage from a dashcam can help show how a crash or stop happened.

Default judgment

A ruling against a party who did not respond or appear by the deadline. In a traffic case it can mean the ticket is treated as admitted; in a civil case the other side can win without a hearing.

Defendant

The person accused of a crime in a criminal case, or the person being sued in a civil case.

Demand letter

A letter that states a claim, explains what happened and asks for payment or another remedy by a date. It is often sent before a lawsuit or small claims filing.

Deposition

Sworn testimony given out of court, usually in a lawyer’s office, with a court reporter recording every word. It is part of discovery and can be used later at trial.

Discovery

The process where each side in a case requests and exchanges information, such as documents, recordings, photos and witness statements, before trial.

Dismissal

An end to a case or charge without a conviction or judgment on the merits. A dismissal may be with prejudice, meaning it cannot be refiled, or without prejudice, meaning it might be.

Diversion program

A program that lets some people complete conditions, such as classes or community service, in exchange for charges being reduced or dismissed. Eligibility depends on the offense, the court and the state.

Docket

A court’s official list of cases and the record of filings and events in each case. A docket or case number helps you look up dates and documents.

DUI

Driving under the influence of alcohol or drugs, called DWI or OUI in some states. It is usually a criminal offense, and penalties and procedures vary widely by state.

E

Evidence preservation letter

A letter asking a person, business or agency to keep specific evidence, such as video, bodycam footage or records, and not delete it. It is often sent early because many systems overwrite footage on a schedule.

Expungement

A court process that erases or destroys certain records of an arrest or conviction, or treats them as if they never happened for most purposes. Which records qualify, and the effect, depend on your state.

F

Failure to appear

Missing a required court date or deadline. It can lead to a default judgment, a bench warrant, added fees or a license suspension, depending on the case and the state.

Felony

A serious crime, generally punishable by more than one year in prison. A felony conviction can affect voting, gun ownership, employment and housing, depending on the state.

Fine

A sum of money a court or agency orders a person to pay as a penalty. Court costs and fees are often added on top of the base fine.

H

Hearing

A proceeding before a judge or hearing officer to decide a specific question, such as a contested ticket, a motion or a license matter. It is usually shorter and less formal than a trial.

I

Impound

When a vehicle is taken and held by police or a tow company at a storage lot. Getting it back usually requires proof of ownership, a release and payment of towing and storage charges.

Infraction

A minor violation of law, such as many traffic or parking offenses, usually punished only by a fine. In many states infractions are not crimes and do not carry jail time.

L

Liability

Legal responsibility for something, such as an accident or a debt. A person found liable may have to pay damages.

Lien

A legal claim against property, or against money from a settlement, to secure payment of a debt. A lien usually has to be paid or released before the property or money can be freely transferred.

M

Miranda warnings

The warnings police must generally give before custodial interrogation, including the right to remain silent and the right to a lawyer, from Miranda v. Arizona (1966). They are not required at every traffic stop.

Misdemeanor

A crime less serious than a felony, generally punishable by up to one year in a local jail, fines or probation. A misdemeanor conviction still creates a criminal record.

Moving violation

A traffic offense committed while a vehicle is in motion, such as speeding or running a red light. In many states moving violations can add points to a driving record.

N

Negligence

Failing to use the care a reasonable person would use in the same situation, causing harm to someone else. It is the basis of most accident and injury claims.

No-contest plea

A plea, also called nolo contendere, where a person does not admit guilt but accepts the penalty. It is treated like a conviction for sentencing, though in many states it cannot be used as an admission in a related civil case.

Notice of claim

A formal written notice that must often be filed before suing a government agency, such as a city, over an injury or damage. The deadline is often much shorter than for other claims, so it is worth checking early.

P

Pain and suffering

A type of damages for physical pain, emotional distress and loss of enjoyment of life caused by an injury. It covers harm beyond bills and lost pay.

Plaintiff

The person or business that starts a civil lawsuit.

Plea

A defendant’s formal answer to a charge, usually guilty, not guilty or no contest. The plea shapes what happens next in the case.

Plea bargain

An agreement where a defendant pleads guilty or no contest, often to a lesser charge or for a lighter sentence, in exchange for concessions from the prosecutor. A judge usually must approve it.

Pro se

Representing yourself in court without a lawyer. Courts generally expect people representing themselves to follow the same rules and deadlines as lawyers.

Probable cause

A reasonable basis, based on facts, to believe a crime was committed or that evidence will be found in a place. It is the standard generally needed for an arrest, a warrant or many searches.

Probation

A sentence that lets a person stay in the community under supervision and conditions instead of, or after, jail. Breaking a condition can lead to a violation hearing and added penalties.

Prosecutor

The government lawyer who brings and handles criminal charges, sometimes called a district attorney, city attorney or state’s attorney.

Public defender

A lawyer paid by the government to represent people charged with crimes who cannot afford a lawyer. Appointment usually depends on the charge and the person’s finances.

Public records request

A written request to a government agency for copies of records it holds, such as reports, bodycam footage or dispatch logs, under a state or federal public records law. Agencies may withhold or redact some records.

R

Reasonable suspicion

A belief based on specific facts that a person may be involved in a crime or violation. It is less than probable cause and is the standard for a brief stop, from Terry v. Ohio (1968).

Record sealing

A court process that hides certain criminal records from public view, while some agencies may still see them. Eligibility, waiting periods and effects depend on your state.

Release of liability

A signed document in which a person gives up the right to make further claims, usually in exchange for payment. Once signed, it is generally final, so many people read it carefully or have a lawyer review it first.

Retainer

An upfront payment or written agreement to hire a lawyer. It may be applied against future fees, and the agreement should explain how it is used and whether any unused part is refunded.

S

Settlement

An agreement that resolves a dispute without a trial, usually involving payment in exchange for a release of claims. Settlements can happen before or during a lawsuit.

Statute of limitations

The deadline for filing a lawsuit or bringing charges. Once it passes, the claim is usually barred, and the length depends on the type of claim and the state.

Subpoena

A court order requiring a person to appear and testify, or to produce documents or other evidence. Ignoring a valid subpoena can lead to penalties.

Summons

A court document telling a person they are being sued or charged and when they must respond or appear. Missing the deadline in a summons can lead to a default.

T

Tow lien

A claim a tow or storage company may have on a vehicle for unpaid towing and storage charges. In many states it allows the company to hold, and eventually sell, the vehicle after required notices.

Traffic school

A driver education course that some courts or states allow in exchange for dismissing a ticket or keeping points off a record. Eligibility and rules depend on the court and the state.

U

Uninsured motorist coverage

Insurance that pays for your injuries, and in some policies your vehicle damage, when the at-fault driver has no insurance. Underinsured coverage applies when their insurance is not enough.

W

Warrant

An order signed by a judge that authorizes police to make an arrest or carry out a search. A search warrant generally must describe the place to be searched and the items sought.

Witness statement

An account of what a person saw or heard, written or recorded soon after an event. Statements taken early, with the witness’s contact details, tend to be most useful later.

General definitions. Meanings and rules differ by state. Not legal advice.