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ROBERT S. HAHN founded his legal practice in 2003 when he returned to the Shenandoah Valley, serving the needs of clients in criminal, family law, civ... (more)

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LEGAL TERMS

BOOKING

A quaint phrase that refers to the recording of an arrested person's name, age, address and reason for arrest when that person is brought to jail and placed beh... (more...)
A quaint phrase that refers to the recording of an arrested person's name, age, address and reason for arrest when that person is brought to jail and placed behind bars. Nowadays, the book is likely to be a computer. Usually, a mug shot and fingerprints are taken, and the arrestee's clothing and personal effects are inventoried and stored.

ARREST

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arre... (more...)
A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arrest' even though the police have not announced it; nor are handcuffs or physical restraint necessary. Questioning an arrested person about her involvement in or knowledge of a crime must be preceded by the Miranda warnings if the police intend to use the answers against the person in a criminal case. If the arrested person chooses to remain silent, the questioning must stop.

DISTRICT ATTORNEY (D.A.)

A lawyer who is elected to represent a state government in criminal cases in a designated county or judicial district. A D.A.'s duties typically include reviewi... (more...)
A lawyer who is elected to represent a state government in criminal cases in a designated county or judicial district. A D.A.'s duties typically include reviewing police arrest reports, deciding whether to bring criminal charges against arrested people and prosecuting criminal cases in court. The D.A. may also supervise other attorneys, called Deputy District Attorneys or Assistant District Attorneys. In some states a District Attorney may be called a Prosecuting Attorney, County Attorney or State's Attorney. In the federal system, the equivalent to the D.A. is a United States Attorney. The country has many U.S. Attorneys, each appointed by the President, who supervise regional offices staffed with prosecutors called Assistant United States Attorneys.

MENS REA

The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental s... (more...)
The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental state (the mens rea). The mens rea of robbery, for example, is the intent to permanently deprive the owner of his property.

BAILOR

Someone who delivers an item of personal property to another person for a specific purpose. For example, a person who leaves a broken VCR with a repairman in or... (more...)
Someone who delivers an item of personal property to another person for a specific purpose. For example, a person who leaves a broken VCR with a repairman in order to get it fixed would be a bailor.

PLEA

The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usual... (more...)
The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usually entered when charges are formally brought (at arraignment).

PRESUMPTION OF INNOCENCE

One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecu... (more...)
One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each element of the crime charged.

BURDEN OF PROOF

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

ASSAULT

A crime that occurs when one person tries to physically harm another in a way that makes the person under attack feel immediately threatened. Actual physical co... (more...)
A crime that occurs when one person tries to physically harm another in a way that makes the person under attack feel immediately threatened. Actual physical contact is not necessary; threatening gestures that would alarm any reasonable person can constitute an assault. Compare battery.

SAMPLE LEGAL CASES

Magruder v. Com.

... Because the procedure provided in Code § 19.2-187.1 adequately protects a criminal defendant's rights under the Confrontation Clause and because the defendants in these appeals failed to utilize that procedure, we conclude that they waived the challenges under the ...

McCain v. Com.

... 335, 340, 288 SE2d 475, 478 (1982). Under well-settled principles of law, police officers may stop a person for the purpose of investigating possible criminal behavior even though no probable cause exists for an arrest. Terry, 392 US at 22, 88 S.Ct. 1868. ...

McMorris v. Com.

... This was all contemporaneous. Therefore[,] the robbery statute applies." In refusing McMorris' petition for appeal, the Court of Appeals concluded that the evidence established that McMorris shared the criminal intent of those who did steal Ottey's telephone and other items. ...