Dangerous Weapon
Something that is capable, though not designed to cause serious injury or death.
De Novo
Latin for "anew" or "afresh". Usually used as Trial De Novo. New trial, or one that is held for a second time, as if there had been no previous trial or decision.
Dead Docket
The case never went to trial. The case can be reopened if new evidence is submitted.
Deadly Weapon
A weapon designed to cause serious injury or death.
Defendant
A person who has been formally charged with committing a crime.
Deferred Adjudication of Guilt
The final judgment is delayed for a period of time. Can be likened to probation before a final verdict. If "probation" is completed without incident, the charges are usually dropped and the case is dismissed. During the "probationary period" the disposition is not necessarily considered a conviction.
Deferred Discharge
Dismissed and considered a non-conviction.
Deferred Probation
The judge doesn't make a finding of guilt; he assigns probation. If probation is completed without incident, the charges are usually dropped.
Deferred Sentence
Postponement of the pronouncement of the sentence.
Defraud
Knowingly misrepresenting facts to cheat or trick.
Degree
(First, Second, or Third, A, B or C) Classification assigned to a crime, depending on circumstances, for purposes of determining punishment. First degree is considered most serious than third; A is more serious than C. Degrees may be assigned to the actual crime (IE: murder in the first or second degree) or the class of crimes (IE: felony or misdemeanor).
Delinquency (Criminal)
A crime committed by a minor under the age of 17. Juvenile delinquency offenses are prosecuted in the Family Division of Circuit Court.
Delinquency (Loan)
Failure to make a loan payment on time. You may then be required to pay a late fee, expressed as a flat fee or a percentage of the amount due.
Dependent Child
Includes children who are homeless or without proper care through no fault of their parents, guardian, or custodian.
Deposition
A recording of testimony of a witness or of a party to a legal action.
Directed Verdict
A determination by a jury, made at the direction of the judge. A directed verdict happens in cases where there has been a lack of evidence, an overwhelming amount of evidence, or where the law is in favor of one of the parties.
Dismissal
Finally disposing of the cause without further consideration. May be voluntary or involuntary. When involuntary, there is usually lack of prosecution or failure to produce sufficient evidence.
Dismissal Without Leave After Deferred
Prosecution Charges dismissed after specified time (90 days to 1 year) provided certain conditions have been met such as participating in specified program of anger control or drug counseling or providing community service, etc.
Disposed/Disposition
The final settlement in the matter. Examples of disposed cases are those with a finding of guilt (conviction), innocence, or acquittal.
Diversion Program
To set aside. A court direction which calls a defendant, who has been found guilty, to attend a work or educational program as part of probation. May include some type of anger management, drug rehab, etc. If the condition of program is met, charge may be considered non-conviction.
Diversity of Citizenship
A crime or claim which extends between citizens of different states. This is one of the grounds that can be used to invoke the jurisdiction of the U.S. Federal District Court.
Docket
(1) To make a brief entry of any proceeding in a court of justice. (2) A formal record, entered in brief, of the proceedings in a court of justice. (3) A list of cases set to be heard at a court event at a specified date, time and place, prepared by the clerks for the use of the court, bar, and criminal justice agencies.
Docket Record
A court's official record of proceedings and calendar of upcoming cases.
Double Jeopardy
Being tried twice for the same offense. Jeopardy "attaches" or begins in a jury trial when the selected jury is sworn, and attaches in a bench trial when the first witness is sworn.
Driving While Intoxicated
Operating a motor vehicle while under the influence of alcohol or drugs. Complete intoxication is not required. Individual state statutes specify the blood alcohol content at which a person is presumed to be under the influence of intoxicating liquor.
Dual Citizenship
When a citizen of one country takes on the additional citizenship and it's privileges from another. What determines this is according to the original country's requirements. Some countries require you to relinquish their status if you take on citizenship in another country, others don't.
Due Diligence
A reasonable and expected measure of attention taken for a particular action. Not measurable by an absolute standard, but dependant on the situation.
Due Process of Law
Procedures followed by law enforcement and courts to insure the protection of an individual's rights as assigned by the Constitution.
