Legal Glossary

Statutory factors judges must consider at sentencing, including the nature of the offense and the defendant's history and characteristics.

A motion filed by the government recommending a sentence below the mandatory minimum due to the defendant's substantial assistance.

A mandatory consecutive sentence for using or carrying a firearm during a drug trafficking crime or crime of violence.

Assistant United States Attorney. The federal prosecutor handling your case and representing the government's interests.

A court order authorizing law enforcement to arrest a specific individual based on probable cause.

The initial court appearance where charges are formally read and the defendant enters a plea of guilty or not guilty.

A reduction in offense level (typically 2-3 levels) for defendants who plead guilty and accept responsibility for their actions.

Under 18 U.S.C. § 924(e), a defendant with three prior violent felonies or drug offenses faces a 15-year mandatory minimum.

Intentionally causing or attempting to cause physical harm to another person, or placing them in fear of imminent harm.

Money or property posted to guarantee the defendant's appearance at future court dates.

Exculpatory evidence that the prosecution must disclose to the defense, per the Brady v. Maryland ruling.

Knowingly executing a scheme to defraud a financial institution. Carries up to 30 years in prison.

A device used to measure blood alcohol content from a breath sample. Results can be challenged based on calibration and administration.

The actual application of force to another person, as opposed to assault which is the threat of force.

Unlawfully entering a building with intent to commit a crime inside, typically theft.

A formal agreement where a defendant provides substantial assistance to prosecutors in exchange for potential sentencing reductions.

An individual who provides information to law enforcement in exchange for benefits, often while their identity remains concealed.

A postponement of a court proceeding to a later date.

A classification (I-VI) based on prior convictions that affects the sentencing range under federal guidelines.

A sentencing enhancement for defendants with prior violent felony or drug trafficking convictions, dramatically increasing the Guidelines range.

An agreement between two or more people to commit a federal crime, plus an overt act in furtherance. Does not require the crime to be completed.

A drug or chemical whose manufacture, possession, and use are regulated by the Controlled Substances Act.

Documentation showing who handled physical evidence from collection to presentation at trial, ensuring it wasn't tampered with.

Evidence that requires an inference to connect it to a fact, as opposed to direct evidence like eyewitness testimony.

A hearing to determine whether the defendant should be held in custody pending trial or released on bail.

The process by which the defense receives evidence and information from the prosecution before trial.

A sentence outside the Guidelines range based on specific provisions in the Guidelines themselves.

Manufacturing, distributing, or possessing with intent to distribute controlled substances. Carries severe federal penalties.

An agreement to manufacture or distribute drugs. Each conspirator is liable for all drugs in the conspiracy, not just their individual role.

The amount of drugs involved, which drives the mandatory minimum sentence in federal drug cases.

The constitutional prohibition against being tried twice for the same offense after acquittal or conviction.

The constitutional requirement that legal proceedings be fair and that citizens receive notice and an opportunity to be heard.

Driving Under the Influence or Driving While Intoxicated. The legal limit in most states is 0.08% BAC.

Violent or threatening behavior between family members or intimate partners, often carrying enhanced penalties.

A legal principle that evidence obtained in violation of constitutional rights cannot be used at trial.

A witness qualified by knowledge, skill, or experience to offer opinions on technical matters beyond ordinary understanding.

The legal process of sealing or destroying criminal records, making them inaccessible to the general public.

A judicial officer who handles initial appearances, bail hearings, and certain pretrial matters in federal court.

The official form used by FBI agents to document interviews. These summaries, not verbatim transcripts, can be challenged in court.

A framework used by federal judges to determine sentences based on offense level and criminal history.

The government seizure of property or assets derived from or used in criminal activity.

Making materially false statements to federal agents or in documents submitted to federal agencies. 18 U.S.C. § 1001.

Under 18 U.S.C. § 922(g), it is a federal crime for a convicted felon to possess any firearm or ammunition.

Constitutional protection against self-incrimination and double jeopardy, and the right to due process.

Constitutional protection against unreasonable searches and seizures, requiring warrants based on probable cause.

Evidence derived from an illegal search or arrest is also inadmissible, as it is 'fruit' of the original constitutional violation.

Scientific evidence such as DNA, fingerprints, ballistics, or digital forensics used to establish facts in a case.

Physical tests administered by police to assess impairment, including the walk-and-turn and one-leg stand.

A serious criminal offense punishable by more than one year in prison, often resulting in loss of civil rights.

A panel of 16-23 citizens convened to hear evidence and decide whether to issue a federal indictment. Defense attorneys are not permitted inside.

Information that could be used to impeach a government witness's credibility, which must be disclosed to the defense.

Submitting false claims to Medicare, Medicaid, or private insurers for medical services or equipment.

An out-of-court statement offered to prove the truth of the matter asserted. Generally inadmissible with many exceptions.

The killing of one person by another. Includes murder (intentional) and manslaughter (unintentional or in the heat of passion).

A formal accusation issued by a Grand Jury stating there is probable cause to believe the defendant committed a federal crime.

A formal charging document filed by a prosecutor without a Grand Jury, typically used when a defendant waives indictment as part of a plea.

The first court appearance after arrest where the defendant is informed of their rights and bail is addressed.

Trading securities based on material, non-public information in violation of a duty of trust or confidence.

Attacking a witness's credibility through prior inconsistent statements, bias, or evidence of untruthfulness.

By driving on public roads, you implicitly consent to chemical testing if arrested for DUI. Refusal carries automatic penalties.

A request to exclude evidence from trial because it was obtained in violation of constitutional rights.

A request to have charges dropped due to legal deficiencies in the prosecution's case.

A pretrial motion asking the court to rule on the admissibility of certain evidence before trial begins.

A sentence required by statute that a judge must impose, regardless of mitigating circumstances.

Using the U.S. mail system to execute a scheme to defraud. Carries up to 20 years in prison (30 if financial institution involved).

Concealing the origins of illegally obtained money through complex financial transactions.

The right to remain silent and to have an attorney present during police questioning, which must be read before custodial interrogation.

A criminal offense less serious than a felony, typically punishable by up to one year in jail.

Unlawful possession or transfer of weapons regulated by the National Firearms Act, including machine guns, short-barreled rifles, and silencers.

A numerical score assigned to a crime under the Sentencing Guidelines, reflecting its severity.

Interfering with the administration of justice, including witness tampering, document destruction, or lying to investigators.

A written agreement where a suspect provides information to the government in exchange for limited immunity. Known as 'Queen for a Day' protection.

A device that records outgoing phone numbers dialed from a specific telephone, requiring a court order but a lower standard than a wiretap.

Release from custody before trial, often with conditions such as electronic monitoring or travel restrictions.

A negotiated agreement between the defendant and prosecution where the defendant pleads guilty in exchange for concessions.

A detailed report prepared by a probation officer containing the defendant's background and recommended Guidelines calculation.

Possessing drugs in a quantity or manner suggesting intent to distribute rather than personal use.

The legal standard for arrests and search warrants, requiring facts sufficient to believe a crime was committed.

A court-ordered period of supervision in the community instead of incarceration, with specific conditions.

Early release from prison subject to supervision and conditions. Violation can result in return to prison.

The hearing where a judge ensures a guilty plea is made knowingly and voluntarily, and there is a factual basis for the plea.

Under the Guidelines, all acts committed as part of the same course of conduct or common scheme, even if not charged.

Court-ordered payment to victims to compensate for losses caused by the defendant's criminal conduct.

Racketeer Influenced and Corrupt Organizations Act. Allows prosecution of enterprises engaged in a pattern of racketeering activity.

A lower standard than probable cause, allowing brief investigative stops (Terry stops) based on specific, articulable facts.

Taking property from another person by force or threat of force. Distinguished from theft by the element of force.

A new indictment that replaces the original, often adding charges, defendants, or new evidence discovered during the investigation.

A court order authorizing law enforcement to search a specific location for evidence of a crime.

A legal document requiring a person to testify before a court or Grand Jury, or to produce documents.

A subpoena requiring the production of documents, records, or tangible evidence.

Federal law requiring trial to begin within 70 days of indictment or initial appearance, with certain excludable delays.

A provision allowing certain non-violent drug offenders to receive a sentence below the mandatory minimum.

A period of supervision following release from prison, similar to parole but imposed at sentencing.

Deceptive practices in the securities markets, including insider trading, Ponzi schemes, and market manipulation.

Breaking up financial transactions to avoid the $10,000 currency reporting threshold. A federal crime even if the underlying funds are legal.

Purchasing a firearm on behalf of another person who is prohibited from buying one, or to conceal the true buyer's identity.

Constitutional right to a speedy and public trial, to confront witnesses, and to effective assistance of counsel.

A legal justification for using force when reasonably believing it necessary to protect oneself from imminent harm.

A formal notice from a federal prosecutor informing you that you are a target of a Grand Jury investigation. Immediate legal counsel is required.

A device that captures incoming phone numbers to a specific telephone line.

Willfully attempting to evade or defeat the assessment or payment of federal taxes.

The trial court in the federal system where criminal cases are heard before a judge or jury.

A sentence outside the Guidelines range based on the § 3553(a) factors, at the judge's discretion.

Court-authorized interception of telephone or electronic communications, governed by strict federal rules under Title III.

Using electronic communications (phone, email, internet) to execute a scheme to defraud. One of the most commonly charged federal crimes.