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Jody's intrigue with the legal system began about the time he was becoming a teenager. He vividly recalls observing his father and uncle working to es... (more)

Kevin J. Robinson

Litigation, Criminal, Civil Rights, Insurance
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William M. Lester

Constitutional Law, Criminal, Personal Injury
Status:  Inactive           Licensed:  42 Years

G Todd Houck

Child Custody, Criminal
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Derrick Ward Lefler

Accident & Injury, Health Care, Criminal, Motor Vehicle, Real Estate
Status:  In Good Standing           Licensed:  31 Years

Derrick Ward Lefler

Accident & Injury, Criminal, Divorce & Family Law, Lawsuit & Dispute
Status:  In Good Standing           Licensed:  33 Years

Gerald R. Linkous

Juvenile Law, Criminal
Status:  In Good Standing           Licensed:  32 Years

Phillip B. Ball

Real Estate, Estate, Accident & Injury, Criminal, Civil & Human Rights
Status:  In Good Standing           Licensed:  28 Years

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LEGAL TERMS

EXECUTIVE PRIVILEGE

The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communicatio... (more...)
The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communications would disrupt the functions or decisionmaking processes of the executive branch. As demonstrated by the Watergate hearings, this privilege does not extend to information germane to a criminal investigation.

PLEA BARGAIN

A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crim... (more...)
A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crime (or fewer charges) than originally charged, in exchange for a guaranteed sentence that is shorter than what the defendant could face if convicted at trial. The prosecution gets the certainty of a conviction and a known sentence; the defendant avoids the risk of a higher sentence; and the judge gets to move on to other cases.

CIRCUMSTANTIAL EVIDENCE

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or j... (more...)
Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may infer that the person committed the crime.

INFRACTION

A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, ho... (more...)
A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, however--refusing to identify oneself when involved in an accident is a misdemeanor in some states.

DRIVING UNDER THE INFLUENCE (DUI)

The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the l... (more...)
The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the level of alcohol or drugs in the driver's body must simply be enough to prevent him from thinking clearly or driving safely. State laws specify the levels of blood alcohol content at which a person is presumed to be under the influence. Also called driving while intoxicated (DWI and drunk driving).

DECLARATION UNDER PENALTY OF PERJURY

A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false --... (more...)
A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false -- that is, the lie is relevant and significant to the case.

WARRANT

See search warrant or arrest warrant.

CRIMINAL INSANITY

A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right... (more...)
A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right from wrong. Defendants who are criminally insane cannot be convicted of a crime, since criminal conduct involves the conscious intent to do wrong -- a choice that the criminally insane cannot meaningfully make. See also irresistible impulse; McNaghten Rule.

BAIL

The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all requi... (more...)
The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all required court appearances. The amount of bail is determined by the local bail schedule, which is based on the seriousness of the offense. The judge can increase the bail if the prosecutor convinces him that the defendant is likely to flee (for example, if he has failed to show up in court in the past), or he can decrease it if the defense attorney shows that the defendant is unlikely to run (for example, he has strong ties to the community by way of a steady job and a family).

SAMPLE LEGAL CASES

State v. Booth

... Third, the probation officer's recommended sentence was further bolstered by Mr. Booth's prior criminal record. ... Mr. Booth's young age and the extensive criminal history he had already accumulated within that time worked against him. ...

Lowe v. Cicchirillo

... After completing his review of the appellee's medical records, Deputy Fleming filed a criminal complaint with the Harrison County Magistrate Court. Shortly thereafter, a warrant was issued for the appellee's arrest for the crime of driving under the influence. ...

Peters v. Rivers Edge Min., Inc.

... following additional factors: (1) The costs of the litigation; (2) Any criminal sanctions imposed on the defendant for his conduct; (3) Any other civil actions against the same defendant, based on the same conduct; and. (4) The ...