| 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 against whom a cause of action is taken. |
| 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 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). |
| 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. |
| 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 Record |
A court’s official record of proceedings and calendar
of upcoming cases. |
| 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. |
| 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. |
