Legal Lexicon: Basic Legal Terms Everyone Should Know

Whether or not you've been accused of a crime, it's important to get a basic sense of common Wisconsin legal terms to aid you in situations that may arise. As defense attorneys, we have compiled a glossary of basic legal terms you should know.

• Acquittal: when a jury finds a defendant not guilty, or a judge finds there is insufficient evidence to convict.

 

• Affidavit: a written or sworn statement under oath.

 

• Appeal: Taking a case which has been decided in a court of inferior jurisdiction to one of superior jurisdiction, for the purpose of obtaining a review.

 

• Arraignment: a court proceeding when the defendant is brought to the court and told what charges are against them, and they are asked to plead guilty or not guilty.

 

• Bail: when a judge deems it permissible to release the defendant from jail before the trial begins. Usually through financial compensation to the court.

 

• Conviction: when the defendant is found guilty of the accused crime.

 

• Damages: the estimated money equivalent for detriment or injury sustained.

 

• Defendant: the accused person, organization or company against whom a claim or charge is brought in a court.

 

• Discovery: a phase before the trial begins where each side (plaintiff and defendant) can obtain evidence from the other side that will be used in court.

 

• DUI: stands for "Driving Under the Influence". This infraction is given when the operator of an automobile is under the influence  and / or above the blood alcohol content (BAC) limit of 0.08%. It carries severe penalties, especially for repeated offenses. In WIsconsin, this is legally referred to as an OWI, see below.

 

• Felony: A crime punishable by imprisonment in the Wisconsin state prisons

 

• Misdemeanor: a minor infraction against the law, less serious than a felony. First-time misdemeanor offenders can be punished by up to 9 months in prison or up to a $10,000 fine.

 

• Mistrial: when a trial is deemed invalid because of an error in proceedings.

 

• Negligence: the failure to exercise that degree of care that, in the circumstances, the law requires for the protection of other persons or those interests of other persons that may be injuriously affected by the want of such care.

 

• OWI: stands for "Operating While Intoxicated", meaning the operator of a vehicle is under the influence of a drug / intoxicant or  is above the legal BAC limit of 0.08%. OWI is different from a DUI because it can apply to vehicles other than a car (eg. boat, snowmobile, etc). OWIs can also be given if the vehicle is started but not in motion, with the operator in the front seat.

 

• Plaintiff: a person, organization or company who brings the lawsuit to a court

 

• Preliminary hearing: The hearing given to an accused which is held by a judge, to ascertain whether there is sufficient evidence (probable cause)  to warrant the binding over of the accused on the felony charge to the circuit court for further proceedings.

 

• Prosecution: the body of officials by whom such proceedings are instituted and carried on.

 

• Sentence: court-ordered punishment given to a defendant that has been found guilty.

 

• Verdict: the decision given that determines whether or not a defendant is deemed guilty.

 

• Wage garnishment: when a defendant cannot pay the full sum of money for their court-ordered fines, a wage garnishment may be an option. It orders a small percentage of the defendant's wages be taken out of each paycheck until their debts are paid in full.

 

• Warrant: legal authorization from a judge (usually to law enforcement) to make an arrest or perform a search.

 

• White Collar Crime: crimes characterized by deceit, concealment, or violation of trust and are not dependent on the application or threat of physical force or violence. The motivation behind these crimes is financial—to obtain or avoid losing money, property, or services or to secure a personal or business advantage.
  
  
  
• Writ: a written, court-ordered command to direct a person to take, or keep from taking, certain actions.
  
  
  

To arrange your free consultation with a skilled Wisconsin defense lawyer, please call us today at 608-254-9589 or contact us online.