Upon receipt of your call we can explain DUI effective defenses you may not be aware of.       Challenging and Difficult Cases Welcomed.       Experience gained in thousands of cases since 1973.         There is no substitute for experience.       410-486-1800   24/7/365

Aggressive DUI Lawyer
Experienced Representation

 

Difficult and Complex Cases Accepted
Upon receipt of your case we can explain
Defenses you may not be aware of.
410-486-1800 24/7


Upon receipt of your call, we can explain effective DWI and DUI defenses you may not be aware of.   These defenses can make the entire difference between winning or losing your DWI or DUI case. Even if you believe you are guilty, the state may not be able to prove you are guilty.   "I have watched this happen many times."   When you retain Jack I. Hyatt, you will get an excellent opportunity to have your case dismissed prior to trial. "RESULTS ARE EVERYTHING".   Our objective is to avoid a PBJ or a DUI criminal conviction that can stay with you for the rest of your life, result in multi-year insurance increases, loss of your license and a possible jail sentence.

Jack I. Hyatt is an experienced lawyer for DUI, Driving on Suspended or Revoked License, Speeding, Radar and MVA Hearings. As a past Assistant State's lawyer, Jack Hyatt has gained experience in over 20,000 cases. He thoroughly knows the state's play book, understands police mistakes, what defenses are effective, and is able to use BOTH SIDES of the law to provide you with an excellent opportunity to get your case dismissed prior to trial, keep your license, avoid probation before judgment, avoid a criminal conviction for DUI and multi year insurance increases.

The call is complimentary. You may be SURPRISED to learn what defenses are AVAILABLE. You can call now to learn your options.   Upon receipt of your call we can explain the three most frequent mistakes that are made after a person is arrested for DUI or DWI/

Jack I. Hyatt is available to represent you in every Maryland county, Baltimore city and the Maryland Federal Court. Frequently, pleading guilty or paying a fine prior to trial can be a big mistake. You can either schedule an appointment, or if you are more than 20 miles from our office, or out of state, you can begin your case by telephone, in which event, the steps we take and the result will be identical.

Client Comments.

Thanks for a job extremely well done in getting my DUI, negligent driving, and all 11 related charges dismissed prior to trial so I did not have to appear in court and also having my MVA hearing dismissed."~N.M.

"Thanks for your hard work and results in my second DUI case. I recommend your services."~~A.C.

"Your straight forward answers to my questions were greatly appreciated. Thanks again for getting my Federal DUI dismissed."~~ S.E.

"Thanks for a job well done in getting my driving uninsured vehicle dismissed so I did not have to appear in court."C.F.

"I was worried about my DUI charges from the day I was charged until the day you called several days prior to trial indicating all charges would be dismissed and I would not have to appear in court. Thanks again for suggesting I not accept the state's offer to plead guilty."~R.F.

"Your representation was tremendous in getting a stet in my Wicomico County DWI case. You're the lawyer they need to consult and speak with. W.C.

"Your representation and results exceeded my expectations in my DUI case."~~J.D.H

" The result you obtained in avoiding incarceration in two separate DUI cases was outstanding." B.B.

"The result you obtained in my third DUI case was outstanding. Thanks. M. J. "I was extremely worried about my pending DUI charges due to two prior DUI convictions. Your aggressive representation was excellent in getting all DUI charges dismissed prior to trial. You were always available to answer my questions." ~~T.D

" I am so glad I selected you as my lawyer and did not plead guilty as I originally intended as your representation resulted in getting my driving on a suspended license charge dismissed. Thanks for a job well done." ~~ D.B. "Your strategy of electing a jury trial and aggressive defenses which resulted in getting my DUI case dismissed was outstanding. The result was better than I expected. You're the lawyer they need to speak with. ."~~K.P.

"Thanks for suggesting I plead not guilty and getting my Howard county DUI case dismissed. Your advice throughout the case was outstanding. ~~F.H.

"Your advice and efforts exceed my expectations as you suggested I plead not guilty and my fourth DUI case was dismissed. I appreciate your answering my questions and keeping me informed throughout the entire case. "~~ R.J.

"Your advice to demand a jury trial and tenacious representation was beyond my expectations in getting all of my Carroll County DUI charges dismissed especially as this was my fourth DUI case. You are the lawyer they need to talk to."~~M.A.

" Your diligent representation was excellent in getting me a PBJ for my second DUI. The outcome was better than I expected." Thanks. ~~ I.A.

" Thanks for suggesting that I plead not guilty in my Cecil County driving on suspended license charge and getting the case dismissed." ~~K.C.

Each case is different and past records are no assurance that the lawyer will reach a favorable result in any future case.

++Both Maryland lawyers, and out of state lawyers, have selected Jack I. Hyatt to represent them in their **PERSONAL** DUI cases.++

The police are required to follow very strict procedures. The police officer's failure to do so can lead to the dismissal of your DUI case. What is referred to as a "Technicality" or "Loophole", is actually a way of using the constitution to have your case dismissed. I understand how to dismantle the toughest cases, even with the highest breath test results. I also understand exactly how physical illnesses, mental illnesses or disabilities can be confused with DUI and can make an effective presentation to the court in an effort to get the case dismissed. I have seen this happen many times.

The education, training and experiences of your lawyer can make the difference in the final result. A question frequently asked is whether or not to submit to a breathalyzer test. Upon receipt of your call we will explain these issues to you. If you have gone to court, have been found or plead guilty, and question what happened, we can explain your rights to appeal and other post judgment rights you have.

When defending your driving on Suspended, Revoked License or DUI case "RESULTS ARE EVERYTHING" You need the lawyer who can provide an outstanding opportunity to get your case dismissed and provide an excellent result. Our first step is to help you learn what DUI defenses may be available upon receipt of your call. The call is complimentary. 410-486-1800 24/7.

Helpful Legal Terms

Points - Penalties imposed by the Motor Vehicle Administration following conviction of a traffic offense.

Prejudice - Unfair harm to a party in a case.

Power of attorney - Formal authorization of one person to act for another.

No Bill - finding by a grand jury that evidence is insufficient to support a criminal case.

garnishment - process by which property, such as wages and bank accounts, may be seixed by a creditor. Bankruptcy proceedings can stop garnishments immediately.

Noise Control Act - act authorizing government agencies to issue regulations and standards relating to abatement of noise emissions

Nonfeasance - failure to perform a required duty, nonperformance, or total neglect of duty of an act which should be performed;

Larceny - Theft.

Law - The principles and rules of conduct passed by legislative authority, established by custom and derived from court decisions.

Federal public defender lawyer providing legal defense to impoverished Federal defendants. The judiciary administers this program pursuant to the Criminal Justice Act.

Home confinement special condition of probationimposed by a court requiring an individual to remain at home except for certain approved activities such as medical appointments and work. Home confinement may include the use of electronic monitoring equipment - a transmitter attached to the wrist or the ankle - to help ensure that the person stays at home as required.

Ex parte A proceeding brought before a court by one party only, without notice to or challenge by the other side.

Transcript word-for-word record of some formal conversation, such as a hearing or oral deposition, , jack hyatt,.

Trustee The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. The trustee's responsibilities include reviewing the debtor's petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.

Typing service business not authorized to practice law that prepares bankruptcy petitions.

Nonjury trial - Trial before a judge, without a jury.

Notary Public - public officer whose function it is to administer oaths, to attest and certify documents, and to take acknowledgments

Pour-Over Will - will that leaves some or all estate assets to a trust established before the will-maker's death.

Equitable Pertaining to civil suits in equity rather than in law. In English legal history, the courts of law could order the payment of money but could afford no other remedy. A separate court of equity could order someone to cease to do something or to do something. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in law cases but not in equity cases.

Equity The value of a debtor's interest in property that remains after liens and other creditors' interests are considered.

In forma pauperis In the manner of a pauper. Appearance without payment of the required court fees because of poverty.

Information A formal accusation by a government lawyer that the defendant committed a misdemeanor. See also indictment.

Injunction A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.

Insider of corporate debtor

Leading question - question that implies answer desired of the witness. A party generally may not ask one's own witness leading questions. Leading questions may be asked only of hostile witnesses and on cross-examination

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U.S. lawyer lawyer appointed by the President in each judicial district to defend and prosecute cases for the federal government. The U.S. lawyer employs a staff of Assistant U.S. lawyers that appear as the government's lawyers in individual cases.

Memorandum - informal instrument or note embodying something the parties desire to have in written evidence

Jurisdiction - The power or authority of a court to hear and try a case the geographic area in which a court has power, also the types of cases it has power to hear

Unlawful detainer action lawsuit brought by a landlord against a tenant to evict the tenant from rental property - usually for nonpayment of rent.

Unliquidated claim A claim for which a specific value has not been determined.

Unscheduled debt A debt that should have been listed by the debtor in the schedules filed with the court but was not. Depending on the circumstances, an unscheduled debt may or may not be discharged.

Unsecured claim A claim or debt for which a creditor holds no special assurance of payment, like a mortgage or lien; a debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay.

Uphold The appellate court agrees with the lower court decision and allows it to stand.

Pleadings - The written statements of fact and law filed by the parties to a lawsuit.

Polling the Jury - The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict.

Pretermitted Child - A child born after a will is executed, who is not provided for by the will.

Pretrial Conference - A meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit, agree on what will be presented at the trial, and explore the possibility of settling the case without a trial. Motion in Limine - motion made by counsel requesting some ruling before the start of the case.

director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.

Insider of individual debtor Any relative of the debtor or of a general partner of the Exempt assets Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.

Exemptions, exempt property Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence homestead exemption , or some or all tools of the trade used by the debtor to make a living auto tools for an auto mechanic or dental tools for a dentist . The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

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.Pre-Sentence Report - A report designed to assist the judge in passing sentence on a convicted defendant. Such reports should contain at least the following: complete description of the situation surrounding the criminal activity , offender's educational background , offender's employment background , offender's social history , residence history of the offender , offender's medical history, information about environment to which the offender will return , information about any resources available to assist the offender , probation officer's view of the offender's motivations and ambitions, full description of the offender's criminal record , and recommendation as to disposition.

U.S. trustee An officer of the U.S. Department of Justice responsible for supervising the administration of estates, bankruptcy cases, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.

Verdict The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.

Voir dire Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

Notice to creditors - Notice given by the bankruptcy court to all creditors of a meeting of creditors

Nuncupative will - An oral unwritten will

Legal aid - Professional legal services available usually to persons or organizations unable to afford such services

Manslaughter - The unlawful killing of another without intent to kill; manslaughter can be either voluntary or involuntary

Insider of corporate debtor A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.

Insider of individual debtor Any relat

Living trust - A trust set up and in effect during the lifetime of the grantor

Objection - process by which one party takes exception to some procedure or statement. An objection is either sustained allowed or overruled by the judge Exempt assets Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.

Exemptions, exempt property Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in his or her primary residence homestead exemption , or some or all tools of the trade used by the debtor to make a living i.e., auto tools for an auto mechanic or dental tools for a dentist .

Jury - A certain number of men and women selected according to law and sworn to try a question of fact or indict a person for public offense

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Oath - A solemn pledge made under a sense of responsibility in attestation of the truth of a statement or in verification of a statement made

Undue hardship The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: 1 the debtor cannot maintain - based on current income and expenses - a minimal standard of living if forced to repay the loans; 2 there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and 3 the debtor made good faith efforts to repay the loans.

The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

Unsecured claim A claim or debt for which a creditor holds no special assurance of payment, like a mortgage or lien; a debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay.

Uphold The appellate court agrees with the lower court decision and allows it to stand.

Pleadings - The written statements of fact and law filed by the parties to a lawsuit.

Polling the Jury - The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict.

Pretermitted Child - A child born after a will is executed, who is not provided for by the will.

Pretrial Conference - A meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit, agree on what will be presented at the trial, and explore the possibility of settling the case without a trial.

Occupational Safety and Health Act A federal law designed to develop and occupational safety and health standards promote .

Executory contracts Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it keep the contract or reject it terminate the contract .

Palliation - A reduction, reduction, or abatement of a penalty or penalization imposed by law, knave hyatt, ,

Moot - A moot case is one not substance to a judicial decision because it involves a question that has not yet actually arisen or has already passed.

Pretrial Engagement - Programs to aid qualified criminal defendants by diverting them from prosecution and enrolling them in rehabilitative programs. Upon completion of the program, the criminal charge is dismissed. Pretrial intervention is most often used in minor drug cases.

Proceeding - Lititgation.

Magistrate - a lower-level judge.

Malfeasance - Bad conduct.

Pre-Sentence Research - Study of a defendant by the Department of Corrections.

Preliminary Ban - Yard rule requiring activity or menacing state until a determination can be prefabricated whether to number a lasting injunction. It differs from a temporary restraining ordering.

Asking - Ceremonial request to the recipient that has been sued in a national case of the fact that the suit has been filed. Also, any contour of request of a juristic proceeding

Grand commission A body of citizens who focus to grounds of crook allegations, which is presented by the prosecutors, and see whether there is probable create to conceive an independent pledged an anger. See also instrument and Federated States professional.

Habeas capital A juridic status forcing law enforcement regime to create a unfortunate they are retentive, and to maintain the prisoner's continuing confinement. Yank book greet petitions for a writ of habeas capital from commonwealth situation inmates who say their dos prosecutions desecrated federally shielded rights in whatsoever way.

Justiciable - Issues and claims capable of being properly examined in court ,

Felony A serious crime, usually punishable by at least one year in prison.

Negotiation - The process of submission and consideration of offers until an acceptable offer is made and accepted

Next friend - One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially

Murder - The unlawful killing of a human being with deliberate intent to kill: Murder in the first degree is characterized by premeditation; murder in the second degree

Limited Jurisdiction - Refers to courts that are limited in the types of criminal and civil cases they may hear. For example, traffic violations generally are heard by limited jurisdiction courts

Litigant - A party to a lawsuit Fresh start The characterization of a debtor's status after bankruptcy, i.e., free of most debts. Giving debtors a fresh start is one purpose of the Bankruptcy Code.

Opening statement - The initial statement made by lawyers for each side, outlining the facts each intends to establish during the trial, jack hyatt,

Mittimus - The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law.

Face sheet filing A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. Face sheet filings are often made for the purpose of delaying an eviction or foreclosure. jack hyatt lawyer, jack hyatt

Family farmer An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter twelve.

Lapsed gift - A gift made in a will to a person who has died prior to the will-makers death

Presentment - Declaration or document issued by a grand jury that either makes a neutral report or notes misdeeds by officials charged with specified public duties. It ordinarily does not include formal criminal charges.

Prima Facie - A fact presumed to be true unless disproved by some evidence to the contrary. Evidence that will prevail until contradicted and overcome by other evidence. A prima facie case is one in which the plaintiff has presented sufficient evidence to require the defendant to go forward with his or her case. In other words, the plaintiff will prevail if the defendant does not rebut the plaintiff's case, jack hyatt,

Legitimate - That which is legal, lawful, recognized by law or according to law

Key number system - A research aid developed by the West Publishing Company which classifies digests of cases in on various law topics and subtopics which are given paragraph numbers called Key Numbers. Each key number for a given special topic helps the researcher quickly find all references to the legal matter being researched

No-contest Clause - Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited Pretrial Release - Release by sheriff's personnel after arrest and before any court appearance, but with a court appearance date.

P>Federal public defender organization As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.

Federal question jurisdiction Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, treaties, and acts of Congress. dui lawyers in howard county md dui lawyers in calvert county md dui lawyers cost dui lawyers reviews dui lawyers association dui lawyers in mi dui lawyers in polk county

Leniency - Recommendation for a sentence less than the maximum allowed

National Labor Relations Board. - A federal government agency which prevents and remedies unfair labor practices by employers and labor organizations

No-fault Proceedings - A civil case in which parties may resolve their dispute without a formal finding of error or fault

Legal texts - Books that cover specific areas of the law, usually dealing with a single topic, jack hyatt,

Legislation - The act of giving or enacting laws; the power to make laws via legislation in contrast to court-made laws

Law Blank - A printed legal form available for preparing documents,

Precedent - A previously decided case that guides the decision of future cases , source of common law.

Preponderance of the evidence - Evidence that is of greater weight or more convincing than the evidence that is offered in opposition to it. The amount of evidence that must be presented to prevail in most civil actions.

Libel - Published defamation which tends to injure a person's reputation

Licensing boards - State agencies established to control the issuance of licenses

Lien - An encumbrance or legal burden upon property

Law Clerk - In the United States, usually a law school student employed by a law firm to do research and other tasks. In the courts, a lawyer or law school student employed to do legal research

Letters Testamentary - Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name

Insider of individual debtor Any relative of the debtor or of a general partner of the debtor partnership in which the debtor is a general partner; general partner of the debtor; or corporation of that the debtor is a director, officer, or person in control,

Case file A complete collection of every document filed in court in a case. Case law The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.

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

Cause of action A legal claim.

Undersecured claim A debt secured by property that is worth less than the amount of the debt.

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

Chambers The offices of a judge and his or her staff.

Interrogatories A form of discovery consisting of written questions to be answered in writing and under oath.

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

Substance abuse treatment A special condition the court imposes that requires an individual to undergo testing and treatment for abuse of illegal drugs, prescription drugs, or alcohol. Treatment may include outpatient or inpatient counseling and detoxification.

Bankruptcy estate All interests of the debtor in property at a time of the bankruptcy filing, jack hyatt, The estate technically becomes the temporary legal owner of all of the debtor's property.

Bankruptcy judge A judicial officer of the United States district court who is the court official with decision making power over federal bankruptcy cases.

Business bankruptcy A bankruptcy case in which the debtor is an individual or business involved in business and the debts are for business purposes.

Capital offense A crime punishable by death.

Chapter 7 The chapter of the Bankruptcy Code providing for liquidation, that is, the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. In order to be eligible for Chapter 7, the debtor must satisfy a means test. The court will evaluate the debtor's income and expenses to determine if the debtor may proceed under Chapter 7.

Consumer Debts incurred for personal, as opposed to business, needs.

Contingent claim A claim that may be owed by the debtor under certain circumstances, where the debtor is a cosigner on another person's loan and that person fails to pay.

Contract An agreement between two or more people that creates an obligation to do or not to do a certain thing jack i. hyatt, jack hyatt esquire,

Conviction A judgment of guilt against a criminal defendant.

Counsel Legal advice; a term also used to refer to the lawyers in a case.

Court Government entity authorized to resolve legal disputes. Judges sometimes use the word court to refer to themselves in the third person, as in the

Murder - The unlawful killing of a human being with

Marshal - The executive officer of the federal court

Executory contracts Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it keep the contract or reject it terminate the contract . Exempt assets Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.

Equitable Pertaining to civil suits in equity rather than in law. A separate court of equity could order someone to do something or to cease to do something e.g., injunction . In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in law cases but not in equity cases.

Creditor A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.

Plea In a criminal case, an answer to pending charges.

Pleadings Written statements filed with the court that describe a party's legal or factual assertions about the case.

Class action A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action ack hyatt, lawyer, . to provide legal defense to defendants who are unable to afford counsel. A judiciary administers the federal defender program pursuant to the Criminal Justice Act.

Federal public defender organization As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.

Family farmer An individual, individual and spouse, corporation, or partnership engaged in a farming business which meets certain debt limits and other statutory criteria for filing the petition under Chapter 12.

Court reporter Person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand or audio recording, and then produces a transcript of the proceedings upon request.

De jure Latin, meaning in law. Something that exists by operation of law.

De novo Latin, meaning anew. A trial de novo is a completely new trial. Appellate review de novo implies no deference to the trial judge's ruling.

Deposition Oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. See discovery.

Discharge Release of a debtor from personal liability for certain dischargeable debts. Notable exceptions to dischargeability are taxes and student loans. Discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including through telephone calls, letters, and personal contact.

Proof of claim A written statement describing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. There is an official form for this purpose.

Insider of corporate debtor A director, officer, or party in control of the debtor; a partnership in which a debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.

Exemptions, exempt property Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law allows the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence homestead exemption , or some or all tools of the trade used by the debtor to make a living , auto tools for an auto mechanic or dental tools for a dentist . The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

Federal question jurisdiction given to federal courts in cases involving the interpretation and application of the federal Constitution, acts of Congress, and treaties.

Inculpatory evidence Evidence indicating that a defendant did commit the crime.

Prebankruptcy preparation The arranging or rearrangement of a debtor's plan to accept the debtor to track peak welfare of exemptions. Prebankruptcy mentation typically includes converting unexcused assets into exempt assets,

In camera Indweller, pregnant in a adjudicator's chambers. Ofttimes effectuation inaccurate the proximity of a jury and the public. In backstage.

Ex parte Proceeding brought before a hotel by one set only, without notice to or gainsay by the separate side, hyatt lawyer, jack i. hyatt, .

Oral statement An opportunity for lawyers to state his or her view before the opening of the case and also to fulfill the judges' questions.

Pretrial services A utility of the courts that reports on a defendant's circumstances to the sentencing judge.

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.

Pro se Representing oneself. Serving as one's own lawyer.

Prosecute To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Pro tem Temporary.

In forma pauperis In the manner of a pauper. Permission given by a court to a party to file a case without payment of the required court fees because the person cannot pay them.

Information A formal accusation by a government lawyer that the defendant committed a misdemeanor. See also indictment.

Injunction A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.

Priority claim An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Priority refers to the order in which these unsecured claims are to be paid.

Probation Sentencing option in the federal courts. With probation, instead of sending an individual to prison, the court releases the person to the community and orders him or her to complete a period of supervision monitored by a probation officer and to abide by certain conditions.

Liable - Legally responsible

Information A formal accusation by a government lawyer that the defendant committed a misdemeanor.

Injunction A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.

Lawsuit - An action or proceeding in a civil court; term used for a suit or action between two private parties in a court of law

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Legal process - A formal paper that is legally valid; something issuing from the court, usually a command such as a writ or mandate

Malicious prosecution - An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted

Malpractice - Any professional misconduct is characterized by the sudden and instantaneous intent to kill or to cause an injury without caring if the injury kills or not

Mutual assent - A meeting of the minds; agreement

Letters of Administration - Legal document issued by a court that shows an administrator's legal right to take control of assets in a deceased person's name

Ex parte A proceeding brought before a court by one party only, without notice to or challenge by the other side.

Probation officer Officers of the probation office of a court. Probation officer duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants, jack hyatt, jack i. hyatt, jack hyatt lawyer, .

Acceptance - This is an unambiguous communication that the offer has been accepted. For contracts controlled by the UCC, contracts involving the sales of goods need not mirror the offer's terms. For other contracts, agreements or the acceptance must mirror the offer's terms without omitting, adding, or altering terms. In other words, under the UCC, the acceptance may alter the terms of the offer without becoming a counteroffer. urring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. See also precedent

Clerk of court The court officer who oversees administrative functions, especially managing the flow of cases through a court. The clerk's office is often called a court's central nervous system, ack hyatt, jack hyatt lawyer, jack i. hyatt

Collateral Property that is promised as security for the satisfaction of a debt.

Aid and Abet - To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime. Alford Plea - A plea to a criminal charge that does not admit guilt, but admits that sufficient evidence exists to obtain a conviction.

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Allegation - A statement of the issues in a written document the pleading that a person is prepared to prove in court. For example, an indictment contains allegations of crimes against the defendant.

Alleged - Stated; claimed; asserted; charged. Alternative Dispute Resolution - Settling a dispute without a full or formal trial. Methods include mediation, conciliation, arbitration, and settlement facilitation, among others.

Amend - Improve, correct or change a complaint or other pleading.

Unlawful Search - Examination or inspection of premises or persons without authority of the law and in violation of the immunity from unreasonable search and seizure under the Fourth Amendment to the U.S. Constitution

Grand jury A body of citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. See also indictment and U.S. lawyer.

Plaintiff A person or business that files a formal complaint with the court.

Plan A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.

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.

Unsecured - In collection or bankruptcy proceedings, a debt or a claim is unsecured if there is no collateral, or to the extent the value of the collateral is less than the amount of the debt.

Adjudication - Judgment rendered by the court after a determination of the issues.

Writ of Superintending Control - A writ issued to prevent a gross miscarriage of justice by correcting the erroneous ruling of a lower court that is acting within its jurisdiction but is making mistakes of law or is acting in willful disregard of the law. The writ is issued when there is no appeal or when an appeal cannot provide adequate relief.

Accomplice - A partner in a crime. A person who knowingly and voluntarily participates with another in a criminal activity.

Accord and Satisfaction - Compromise and settlement. A way to discharge a claim whereby the parties agree to give and accept something in settlement of the claim that will replace the terms of the parties' original agreement. Accord is the new agreement; satisfaction is performance of the new agreement.

Acknowledgment - A statement of acceptance of responsibility. The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged.

Will - A legal declaration that disposes of a person's property when that person dies.

Without Prejudice - A claim or cause dismissed without prejudice may be the subject of a new lawsuit.

Warrantless Search - Examination of a person or premises without first obtaining a warrant, which may be lawful under such limited circumstances as a domestic violence situation, emergency, hot pursuit, consent, or threat of immediate removal of contraband.

Administrative Revocation - The taking of a driver's license by the Motor Vehicle Division, through law enforcement agents and administrative law judges without involvement by the courts.

Admissible Evidence - Evidence that can be legally and properly introduced in a civil or criminal trial.

Waive - To give up a known right voluntarily. susch asTo give up the right to an lawyer.

Ad Litem - A Latin that means for the purpose of the lawsuit. A guardian ad litem is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.

Administrator - One who administers the estate of a person who dies without a will, jack hyatt, . An official who manages a court.

Waiver of Immunity - A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future court proceedings.

Warrant Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.

Writ of Certiorari - An order by the appellate court used when the court has the discretion if or not to hear an appeal.

Writ of Mandamus - A writ to compel performance of a person's responsibilities as set forth by law.

Writ of Prohibition - A writ used by a superior court to prevent an inferior court from exceeding its jurisdiction.

Waiver - In extradition proceedings, a form signed before a judge whereby a defendant voluntarily submits to pick-up by a foreign jurisdiction, waiving his her rights as guaranteed under the Constitution.

Affidavit of Insolvency - A detailed form signed by the defendant, under oath, attesting to his her indigency inability to pay for private legal counsel . Affirmative Defense - Apart from denying a charge or claim, a defendant may assert affirmative defenses such as insanity, self-defense or entrapment to avoid criminal responsibility, or assert the statute of limitations or bankruptcy to avoid civil liability.

Vacate - To set aside, as a judgment. vVenire - A writ summoning persons to a court to act as jurors, also refers to the people summoned for jury duty, as in the jury venire or jury panel.

Venue - The place in which prosecution is brought; venue may be in the county of the defendant's residence or in the county in which the offense is alleged to have been committed.

Vested - Fixed; accrued; settled; absolute.

Verdict - The findings of a judge or jury at the end of the trial.

Procedure The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.

Proof of claim A written statement showing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. There is an official form for this purpose.

Insider of corporate debtor A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.

Redemption A procedure in a Chapter 7 case whereby a debtor removes a secured creditor's lien on collateral by paying the creditor the value of the property. The debtor may then retain the property.

Habeas corpus Latin, meaning you have the body. A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.

Petition The document that initiates the filing of a bankruptcy proceeding, setting forth basic information regarding the debtor, including name, address, chapter under which the case is filed, and estimated amount of assets and liabilities.

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.

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.

Sanction A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.

Schedules Lists submitted by the debtor along with the petition or shortly thereafter showing the debtor's assets, liabilities, and other financial information. There are official forms a debtor must use.

Chapter 7 trustee A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the creditors. The trustee's responsibilities include reviewing the debtor's petition and schedules, liquidating the property of the estate, and making distributions to creditors. The trustee may also bring actions against creditors or the debtor to recover property of the bankruptcy estate, jack hyatt

Chapter 9 The chapter of the Bankruptcy Code providing for reorganization of

Usury - Charging a higher interest rate or higher fees on debt than the law allows.

Writ of Attachment - A writ of the court ordering the sheriff to hold or seize or property and bring the property before the court.

Acquit, Acquittal - A finding of not guilty by a judge or jury.

Action - Case, cause, suit, or controversy disputed or contested before a court.

Additur - An increase by a judge in the amount of damages awarded by a jury.

Parole The 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, jack hyatt, jack i. hyatt, jack hyatt lawyer, .

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, ack hyatt, jack hyatt lawyer, jack i. hyatt, ..

Community service A special condition the court imposes that requires an individual to work without any pay for a civic or nonprofit organization.

Per Se Law - In the Motor Vehicle Code, the per se crime is driving with a blood alcohol level of .08 or greater, as established through a valid testing procedure. No proof is required to show that the defendant was under the influence since the law concludes that driving with a blood alcohol content BAC of .08 or greater is driving while intoxicated. DWI can be proved by other evidence even if a defendant's BAC is less than .08.

Personal Property - Tangible physical property such as clothing, cars, furniture and jewelry and intangible personal property such as bank accounts . This does not include real property such as land or rights in land.

Initial Appearance - In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to hold him her for trial. The Constitution bans secret accusations, so initial appearances are public unless the defendant asks otherwise; the accused must be present, though he she usually does not offer evidence. Also called first appearance.

Injunction - Writ or order by a court prohibiting a specific action from being carried out by a person or group. A preliminary injunction is granted provisionally, until a full hearing can be held to determine if it should be made permanent.

Inspectorial Search - An entry into and examination of premises or vehicles by an inspector for the identification and correction of conditions dangerous to health or safety.

Instructions - Judge's explanation to the jury before it begins deliberations of the questions it must answer and the applicable law governing the case. Also called charge to the jury.

Intangible assets - Nonphysical items that have value, such as stock certificates, bonds, bank accounts, and pension benefits. Intangible assets must be taken into account in estate planning and divorce.

Interlocutory - Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit.

Interpleader - An action in which a third person asks the Court to determine the rights of others to property held-but not owned-by the third person.

Interrogatories - Written questions asked by one individual in a lawsuit for which the opposing individual must provide written answers.

Intervention - An action by which a third person that may be affected by a lawsuit is permitted to become a individual to the suit.

Inter Vivos Gift - A gift made during the giver's life.

Oral Argument - An opportunity for lawyers to summarize their positions before the court and also to answer the judges' questions.

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

Ordinance - A law adopted by the governing body of a municipality or county.

Overrule - A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error

Parens Patriae - The doctrine under which the court protects the interests of a juvenile.

Parol Evidence - Oral evidence.

Parol Evidence Rule - When a written agreement is intended to be a complete and final document, then the terms of the agreement cannot be altered by evidence of oral parol agreements that purport to change, explain, or contradict the written agreement.

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

Individual - A person, business, organization or government agency involved in the prosecution or defense of a legal proceeding.

Inter Vivos Trust - Another name for living trust.

Intestacy Laws - See Descent and Distribution Statutes.

Intestate - Dying without having a will.

Intestate Succession - The process by which the property of a person who has died without a will passes on to others according to the state's descent and distribution statutes. If someone dies without a will and the court uses the state's intestate succession laws, an heir who receives some of the deceased's property is an intestate heir.

Invoke the Rule - Separation and exclusion of witnesses other than parties from the courtroom.

Mitigating circumstances - Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame deliberate intent to kill: Murder in the first degree is characterized by premeditation; murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not hich do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame Motion in Limine - A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case

Opinion - A 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 adjudicate enforcement actions under the Act

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