Bail
Bond money paid to a court, by or on behalf of a criminal defendant, as security that, when released from jail, the defendant will appear at future hearings. If another person posts the bail money, then that third party vouches that the defendant will appear at future court dates. Bail can be forfeited if the defendant fails to appear or violates release conditions.
Battery
An intentional, unwanted and forceful/violent touching of another person, or something closely connected with that person.
Bench Trial
A trial held before a judge and without a jury.
Bench Warrant
A process delivered by the court directing a law enforcement agency to bring a specified individual before the court.
Bind-Over
A finding at a preliminary examination that sufficient evidence exists to require a trial at the Circuit Court level on the charges made against the defendant.
Blackmail
An illegal demand for money or property under threat of harm or exposure of undesirable acts.
Bodily Attachment, Writ
A writ commanding the sheriff to bring before the court a person guilty of contempt of court.
Bond
A debt intended to insure the defendant's future appearances in court. The amount of the bond is set by a judge or magistrate. Factors influencing the amount set include the seriousness of the charge, the defendant's criminal history, and the defendant's ties to the community. There are four types of bonds:
Bond Forfeiture
Bond forfeiture occurs when a case has been disposed and a fine is to be, or has been paid. If it is a first offense, it is listed on the record but not classified as a conviction; any other time it is classified as a conviction.
Bond: Cash bonds
require the full amount of the bond to be paid in cash before the defendant can be released. If the defendant appears at all future court dates, most of the monies are returned to the person posting the bond.
Bond: Percent bonds
require the defendant to post a percentage of the full bond (generally as low as 10%) to get out of jail, and the remaining percentage is due only if the defendant later fails to appear.
Bond: Personal recognizance bonds
PR bonds or signature bonds) do not require the defendant or a third party to pay money to the court, unless the defendant later fails to appear.
Bond: Surety bonds
are posted by a professional bondsman after being paid a non-refundable percentage of the full amount by the defendant.
Bookmaking
An operation with the purpose of placing, registering, paying off or collecting debts for bets.
Breaking & Entering
Using some force to enter a building (opening a door, raising a window, taking screen off, etc.); damage need not result.
Burden of Proof
The duty to establish by evidence a requisite degree of belief concerning a fact in the mind of a trier of fact. The duty to establish facts in an adversary proceeding. Different burdens of proof exist in the law.
Burden of Proof: Preponderance of the evidence
The burden of proof in civil cases. Evidence which, as a whole, shows that the fact sought to be proved is more probable than not. Evidence which is more credible and convincing to the mind. It is generally visualized as that side of the dispute toward which the scales tip when the credible evidence is weighed by the trier of fact. Something more than 50 percent of the credible evidence. Clear and convincing evidence: the burden of proof in selected proceedings, such as termination of parental rights. A measure of proof which produces a firm belief as to the allegations. It is difficult to quantify, but is more than a "preponderance" and less than "beyond a reasonable doubt." Beyond a reasonable doubt: the degree of belief a criminal juror (or the judge in a bench trial) must have regarding all factual elements of a charged crime. No doubt, based on reason and common sense, can exist as to any fact needed to be proved.
Burden of Proof: Prima facie evidence
Evidence which is good and sufficient "on its face" to establish a given fact when un-rebutted or not contradicted. Probable cause.
Burglary
The act of entering a premises, without the privilege to enter, with the purpose of committing a crime. States may classify as first, second, or third degree burglary
