DWI - Driving while intoxicated is a charge that will occur if a suspect takes a breath test and the result is .06 or .07.
In Maryland a DWI charge is lessor of a charge than DUI.
The limit for DWI in Maryland is.06.
Concurrent sentence Prison terms for two or more offenses to be served at the same time, rather than one after the other. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars.
Confirmation Approval of a plan of reorganization by a bankruptcy judge.
Consecutive sentence 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.
Consumer bankruptcy A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts
Chapter 11 A reorganization bankruptcy, usually involving a corporation or partnership. A Chapter eleven debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. Individuals or people in business can also seek relief in
Chapter 11.Chapter 12 The chapter of the Bankruptcy Code providing for adjustment of debts of a family farmer or family fisherman, as the terms are defined in the Bankruptcy Code.
Chapter thirteen The chapter of the Bankruptcy Code providing for the adjustment of debts of an individual with regular income, often referred to as a wage-earner plan. Chapter 13 allows a debtor to keep property and use his or her disposable income to pay debts over time, usually three to five years.
Presentence report A report prepared by a court's probation officer, after a person has been convicted of the offense, summarizing for the court the background information needed to determine the appropriate sentence.
Opinion - judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment
Occupational Safety and Health Review Commission - The agency established by OSHA to judge enforcement certain actions under the Act
Parole release of a prison inmate - granted by the Parole Commission - after the inmate has completed part of his or her sentence in a federal prison. When the parolee is released to the community, he or she is placed under the supervision of a U.S. municipalities which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts .
Direct Evidence – Testimony by witnesses who heard words spoken or saw acts done.
Direct Examination - First questioning of witnesses by the party calling.
Guardian - person appointed by will or by law to assume the responsibility for incompetent adults or minor children. If one parent dies, the children’s guardian will usually be the other parent. If both die, it usually will be a close relative.
Guardianship - Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself herself. A guardian also may be given responsibility for the person’s financial affairs, and thus perform additionally as a conservator. See also Conservatorship.
Habeas Corpus - writ used as a means to bring a person before the court to determine whether that person is being detained unlawfully.
Plea Bargaining or Plea Negotiating - The process through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. The Court is not privy to the actual negotiations, but is presented with a plea agreement for its approval or rejection.
Pleadings - written statements of fact and law filed by the parties to a lawsuit.
Hearing - proceeding, generally public, at which an issue of fact or law is discussed and either individual has the right to be heard.
Hearsay – Testimony by a witness concerning events about which the witness has no personal knowledge. Hearsay testimony conveys not what the witness observed personally, but what others told the witness or what the witness heard others say. Hearsay is usually not admissible as evidence in court because of its unreliability.
Hung jury - Jury unable to reach a verdict. A trial ending in a hung jury results in a retrial with a new jury.
Plea - Defendant’s answer to the charge - guilty, not guilty, nolo contendere or Alford plea. In a criminal proceeding, the defendant’s declaration in open court that he or she is guilty or not guilty. The defendant’s answer to the charges made in the indictment or information.
Plea Agreement - An agreement between the prosecutor and the defendant, presented for the court's approval, regarding the sentence the defendant should serve upon a plea of guilty, an Alford plea, or a no contest plea. Typically, the defendant pleads guilty in exchange for some form of leniency. For example, the defendant may plead to lesser charges so that the penalties are diminished. Or, the defendant may plead to some, but not all of the charges so that others are dropped. The agreement may include sentencing recommendations. Such bargains are not binding on the court.
Implied Warranty of Merchantability – assumption in law that the goods are fit for the ordinary purposes for which such goods are used. This implied warranty applies to every sale by a merchant who deals in goods of the kind sold. However, if there is a warning that the goods are sold as is, the implied warranty does not apply.
Inadmissible - That which, under the rules of evidence, cannot be admitted or received as evidence.
Common law The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.
Community service A special condition the court imposes that requires an individual to work - without pay - for a civic or nonprofit organization.
Complaint written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.
Immunity - grant by the court assuring someone that they will not face prosecution in exchange for their providing criminal evidence.
Impeachment of a Witness - An attack on the credibility believability of a witness, through evidence introduced for that purpose.
Harmless Error - An error committed during a trial that was corrected or was not serious enough to affect the outcome of the trial and therefore was not sufficiently harmful prejudicial to require that the judgment be reversed on appeal.
Implied Consent – Knowing indirectly through conduct or inaction that a person may agree or give permission. For example, in New Mexico a person who gets a driver’s license has given implied consent to allow a police officer to conduct an alcohol breath or blood test, when the police suspects the person is driving while intoxicated.
Pretrial conference A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case.
Pretrial services A function of the federal courts that takes place at the very start of the criminal justice process - after a person has been arrested and charged with a federal crime and before he or she goes to trial. Pretrial services officers focus on investigating the backgrounds of these persons to help the court determine whether to release or detain them while they await trial. The decision is based on whether these individuals are likely to flee or pose a threat to the community. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court.
Priority The Bankruptcy Code's statutory ranking of unsecured claims that determines the order in which unsecured claims will be paid if there is not enough money to pay all unsecured claims in full.
Official reports - The publication of cumulated court decisions of state or federal courts in advance sheets and bound volumes as provided by statutory authority
On a person's own recognizance - Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court
Oral argument - Presentation of a case before a court by spoken argument; usually with respect to a presentation of a case to an appellate court where a time limit might be set for oral argument
Order - A mandate, command, or direction authoritatively given. Direction of the court or judge made in writing.
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