Legal Terminology for Offender

Supervision of an offender by an investigator or probation officer, whether awaiting trial or sentencing or after serving a custodial sentence. An offender on probation or probation is also under supervision. Violation of supervision conditions may result in the revocation of the offender`s supervision and detention. A term referring to acts adopted by a State or authority is not permitted. Some interpretations argue against using the term “crime” to refer to consensual illegal activities such as drug use. An official appointed or elected to hear and decide on legal matters. Federal district and district judges and Supreme Court judges are appointed for life. A period of judicial supervision that often follows a federal prison sentence served by an offender. The main purpose of supervised release is not to punish the accused, but to facilitate his or her return to the community.

The court determines the conditions of supervised release at the time of sentencing, but may change them later or, in the event of a violation, revoke the period of supervised release of an accused and return him to prison to serve an additional sentence. It means “back”. Often used in bail hearings – a judge may decide to reinstate the defendant if they pose a flight risk or danger to the community. This term also comes up when it comes to appeals – an appellate court may, in certain circumstances, refer a case to a lower court. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. A conviction that is no longer final because it has been overturned or quashed by a court. Credit card fraud: Examples of credit card fraud include illegal forgery of credit cards, use of lost or stolen credit cards, and fraudulent obtaining of credit cards in the mail. The hearing This is a court case (not a trial) that takes place before a judge or administrative authority.

The evidence and arguments are presented to resolve a disputed question of fact or law. The judicial process of sealing a criminal arrest and/or conviction record to the public. A person who has been charged with a criminal offence in the course of a judicial proceeding. If an accused is convicted of a crime, he or she may be called a “perpetrator.” The list is of a general nature and does not constitute legal advice. If there is something you do not understand or find here, and you do not have legal counsel to assist you, please contact our office. Governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” The seriousness of an offence, which is normally determined in Chapters Two and Three of the Handbook of Guidelines and reflected on the vertical axis of the criminal table. In some cases (for example, professional offenders and repeated dangerous sex offenders against minors), the level of offence is defined in Chapter Four. A legally binding court order that a person is obliged to do or not to do a particular action. Usually a crime involving an illegal drug.

However, in the specific context of the Guidelines, a “drug offense” is an offence under federal or state law punishable by imprisonment for more than one year and prohibits the manufacture, import, export, distribution or supply of a controlled substance or intentional possession. See USSG §4B1.2(b). A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally “follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. False detention Intentional detention of another person without the right to do so. There is no need to use physical force; Threats or apparent authority are enough. False imprisonment is an offence and a civil offence (civil injustice).

If the perpetrator imprisons the victim for an extended period of time (or moves a significant distance) to commit a crime, false detention may become abduction. A first-time offender is a person who has been convicted for the first time for committing a crime. According to the United States, the Sentencing Board`s Handbook of Guidelines is a professional offender who is an adult offender who commits a crime that is either a violent crime or a controlled substance offence after being convicted of two previous violent crimes or drug offences. The process of legally forcing a witness to appear or testify in court. Those who refuse to comply can be detained with penalties ranging from fines to imprisonment in defiance of the court. Child pornography: Any visual depiction of real or simulated sexual acts by a person under the age of 18 or a lascivious display of the pubic area of such a person. The courts have ruled that this material can be banned, even if it is not legally obscene and does not involve nudity. Pre-trial intervention (PTI) programs Supervised pre-trial intervention programs for persons accused of a crime before or after the presentation of information or the referral of an indictment to the district court.

These programmes provide for appropriate counselling, education, supervision and medical and psychological treatment, where available and appropriate for persons released into these programmes.

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