Upon receipt of your call we can explain 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

Jack I. Hyatt
Aggressive DUI Lawyer

 

Difficult and Complex Cases Accepted
Upon receipt of your case we can explain
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MVA - A hearing at the motor vehicle administration is a hearing that will debermine if your license will be suspenced, revoked or if no action will be taken. The preciding official is called an administrative law judge.

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 DUI or driving on Suspended or Revoked License case "RESULTS ARE EVERYTHING" You need the lawyer who can provide an excellent 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

MVA - Motor vehicle administration.

Impeachment The process of calling a witness's testimony into question. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be It is also called the constitutional process whereby the House of Representatives may impeach accuse of misconduct high officers of the federal government, who are then tried by the Senate. <

Manslaughter - The unlawful killing of another without intent to kill; either in voluntary or voluntary

Marshal - The executive officer of the federal court

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

Magistrate - Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge

Malfeasance - The commission of an unlawful act

Pre-Sentence Investigation - A background investigation of the defendant by the Department of Corrections, ordered by the sentencing judge on or before a certain date.

Preliminary Injunction - Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. It differs from a temporary restraining order. P> 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

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.

Notice - Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding

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

Jurisprudence- The study of law and the structure of the legal system

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 < 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.

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

Liable - Legally responsible

Magistrate - Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge

Malfeasance - The commission of an unlawful act

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 a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not P>In camera Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. In private.

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

Indictment The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. See also information. Points or Point Information - Penalty points imposed by the Motor Vehicles Division after conviction of a traffic offense.

Prejudice - Unfair harm to one party.

Power of Attorney - Formal authorization of a person to act in the interests of another who is incapable of managing his or her own affairs or property.

Leading question - A question that suggests the 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

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

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

Nuncupative will - An oral unwritten will

Mutual assent - A meeting of the minds; agreement

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

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

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

Prima Facie - Presumably. 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.

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

Leniency - Recommendation for a sentence less than the maximum allowed

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

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

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.

Larceny - Obtaining property by fraud or deceit

Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom

declared incompetent, or other person under some disability

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

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

Court reporter A 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 An 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. p> Lapsed gift - A gift made in a will to a person who has died prior to the will-makers death

Larceny - Obtaining property by fraud or deceit

Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom

declared incompetent, or other person under some disability

No Bill - This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict

Noise Control Act - A act which gives government agencies the right to promulgate standards and regulations relating to abatement of noise emissions

Nonfeasance - Nonperformance of an act which should be performed; omission to perform a required duty or total neglect of duty

Nonjury trial - Trial before the court but without a jury

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

Pour-Over Will - A 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 damages and could afford no other remedy see damages . 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.

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

Lien - An encumbrance or legal burden upon property

Martindale-Hubbell Law - A publication of several volumes which contains names, addresses, Director specialties, and rating of United States lawyers; also includes digests of state and foreign statutory law

Mediation - Is aa form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement

Misdemeanor - A criminal offense lesser than a felony and generally punishable by fine or by imprisonment other than in a penitentiary.

Naturalization - Is a Process by which a person acquires nationality after birth and becomes entitled to privileges of citizenship

Negligence - Failure to use care which a reasonable and prudent person would use under similar circumstances

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 ,

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.

Standard of proof Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt beyond a reasonable doubt. The majority of civil lawsuits require proof by a preponderance of the evidence 50 percent plus , but in some the standard is higher and requires clear and convincing proof.

Statute A law passed by a legislature.

Statute of limitations The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged.

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

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

Information A formal accusation by a government attorney 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 A director, officer, or person in control of the debtor; a partnership in that 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 i.e., auto tools for a car 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.

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

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.

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 12.

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Pretrial Intervention - Programs to aid certain qualifying criminal defendants by diverting them from prosecution or enrolling them in rehabilitative programs. Upon successful completion of the required program, the criminal case is dismissed. Pretrial intervention is most often used in substance abuse and domestic violence where the crime charged is the defendant's first offense.

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

Preponderance of the evidence - Evidence which 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 win in most civil actions.

Pretrial Release - Release by sheriff's personnel after arrest and before any court appearance, but with a court appearance date.

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.

Federal public defender An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The 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.

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

Small business case A special type of chapter 11 case in which there is no creditors' committee or the creditors' committee is deemed inactive by the court and in which the debtor is subject to more oversight by the U.S. trustee than other chapter 11 debtors. The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy.

Statement of financial affairs A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. There is an official form a debtor must use.

Statement of intention A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate.

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

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

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.

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

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

Contingent claim A claim that may be owed by the debtor under certain circumstances, e.g., 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.

File To place a paper in the official custody of the clerk of court to enter into the files or records of a case. Fraudulent transfer A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value.

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

Capital offense A crime punishable by death.

Conviction A judgment of guilt against a criminal defendant.

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

Discharge A release of a debtor from personal liability for certain dischargeable debts. Notable exceptions to dischargeability are taxes and student loans. A 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.

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.

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. attorney. Return to Top

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.

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.

Home confinement A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. 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.

Litigation - A lawsuit; a legal action, including all proceedings therein

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

process by which one party takes exception to some statement or procedure. An objection is either sustained allowed or overruled by the judge

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

Jury Administrator - The court officer responsible for choosing the panel of persons to serve as potential jurors for a particular court term

Evidence Information presented in testimony or in documents that is used to persuade the fact finder judge or jury to decide the case in favor of one side or the other.

Exclusionary rule Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.

Exculpatory evidence Evidence indicating that a defendant did not commit the crime.

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 .

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

Key number system - A research aid developed by West Publishing Company which classifies digests of cases in to various law topics and subtopics which are given paragraph numbers called Key Numbers. Each key number for a given 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

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

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

National Labo

Memorialized - In writing

Merger - The absorption of one thing or right into another

Minor - A person under the age of legal competence

Minute book - A book maintained by the courtroom deputy, which contains minute entries of all hearings and trial conducted by the judge

Minutes - Memorandum of a transaction or proceeding

Miranda warning - Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her Misfeasance - Improper performance of an act which a person might lawfully do

Mistrial - An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury

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 Motion in Limine - A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case

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

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. Mitigation - A reduction, abatement, or diminution of a penalty or punishment imposed by law

Moot - A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision

Motion - An application made to a court or judge which requests a ruling or order in favor of the applicant. Motion in Limine - A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case

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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 is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not

Mutual assent - A meeting of the minds; agreement

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

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 a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not

Mutual assent - A meeting of the minds; agreement

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

rocess by which one party takes exception to some statement or procedure. An objection is either sustained allowed or overruled by the judge

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

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

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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

Official reports - The publication of cumulated court decisions of state or federal courts in advance sheets and bound volumes as provided by statutory authority

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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 a court or judge made in writing.

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