Glossary of Legal Terms & Definitions
- Conciliation A conciliation is a form of alternative dispute resolution in which a neutral third party tries to help resolve a case without proceeding through the court system, similar to a mediation.
- Constable A constable is an elected official directed by the Justice of the Peace to deliver and return legal notices/documents.
- Contempt of court A person is found in contempt of court when they willfully disobey or disrespect the court or a judge’s command and interfere with the administration of justice. Someone found in contempt of court can face financial sanctions and, potentially, jail time.
- Contingency fee A contingency fee is the amount a lawyer agrees to be paid out of the damages awarded to their client. Typically, filing fees and other costs associated with working the case are not considered part of the contingency fee amount.
- Continuance A continuance is a request by a party for the court to postpone a legal proceeding to a later date.
- Contract A contract is a legally enforceable agreement made either orally or in writing between two or more parties creating an obligation to do or not to do a particular thing. A contract can be formed by orally agreeing to do something, signing an agreement, or by performing your part of the(...)
- Conviction In a criminal case, a conviction is when someone has been found guilty of committing a crime.
- Copyright A copyright is a legally enforceable authority someone was given to prevent other people or businesses from copying things they have written, authored, or created.
- Corporation A corporation is a legal entity authorized by a state to conduct business or other activities within the state. Similar to an individual person, a corporation can perform actions necessary to carry on business, such as enter into contracts or sue/be sued. Typically, those who own a(...)
- Counsel Is another word for attorney or lawyer in a case, a person who can give legal advice.
- Counterclaim In a civil case, a counterclaim is made by the Defendant against the Plaintiff alleging they did something to cause or aggravate the issue.
- Court A court is an entity established by the federal or state government to resolve legal disputes.
- Court costs Are the costs associated with arguing or defending a court case, not including attorney fees. For example, the costs associated with filing the complaint or the costs for hiring a process server.
- Court reporter A court reporter is a person who works for the court who transcribes word-for-word what is said in a court proceeding or deposition and produces a transcript of the proceedings upon request.
- Crime Someone commits a crime when they do an action forbidden by a state or federal statute or regulation.
- Criminal justice system All the courts and tribunals established to handle enforcement of criminal law.
- Cross-examine When a witness has finished being questioned by the attorney who asked them to testify and the opposing attorney starts questioning them.
- Damages Damages are money the court has awarded to the injured party in a court case.
- Debtor A debtor is a person or business that owes a monetary amount to another person or business.
- Decree Another word for the court’s final decision on a case.
- Deed A legally enforceable written document that outlines and describes the boundaries of a property.
- Default A defendant is found to be in default when they fail to appear after receiving the summons and answer the complaint.
- Default judgment Default judgment is entered when a defendant is found to be in default and awards the opposing party what they are requesting.
- Defendant Is the person accused of a crime or being sued for an action that has to defend themselves in a legal proceeding.
- Delinquent Act When a minor commits an act that would be considered a crime if committed by an adult.
- Department of Economic Security (DES) An Arizona agency tasked with overseeing and coordinate IV-D payments and public assistance programs.
- Dependency A dependency action begins when children are removed from their parents’ home for safety or general welfare concerns. During a dependency action, a court will determine whether the parent is fit to care for the child or if their parental rights should be severed.
- Deposition Oral or written testimony taken outside of court, under oath, of a witness or a party to be used later as evidence or read in court.
- Disbarment Disbarment is when a lawyer’s license is revoked, either temporarily or permanently, for unethical conduct.
- Discipline Agency An agency established by the state to investigate complaints against lawyers and, if necessary, enforce an appropriate punishment. These agencies cannot help recover fees paid or force lawyers to reimburse for losses suffered.
- Discovery The gathering of facts and documents possessed by other parties or witnesses before trial in order to prepare arguments for trial.
- Dismissal A court or party dismisses a case when they find there is not enough evidence to proceed.
- Dismissal with prejudice When a good reason exists for dismissing a case and the plaintiff is forbidden from bringing the same claim again.
- Dismissal without prejudice When a case is dismissed for a lack of supporting evidence, but the same claim may be brought later in a new suit.
- Docket (trial docket) A list of cases and matters to be completed in those cases assigned to a specific judge, or a list of court proceedings the judge has that day.
- Domicile A person’s permanent residence or their home to which they intend to return.
- Double jeopardy When a criminal defendant may not be tried a second time for the same crime where the prosecution failed to convict through no fault of the defendant.
- Due process Constitutionally, a person cannot have their basic rights taken away by the government without receiving their day in court.
- Duty of Support Parents of an unemancipated natural or adopted minor child have an obligation to financially support them until they reach the age of 18, unless the child is still attending high school or a certified equivalency program, then they must continue to support the child until finished. If a(...)
- Emancipation A process where a child, due to age or circumstance, requests a court to declare them legally independent from their parents.
- En Banc Is Latin for “in the bench” or “full bench.” It is a term used when an entire appellate court or the U.S. Supreme Court sit to hear a case, instead of only a portion.
- Equal Parenting Time An agreement between parents that equally splits the children’s time between them each year.
- Equal Protection Clause The Fourteenth Amendment to the U.S. Constitution provides that state government institutions must equally apply the law to each person regardless of preference or class of persons over another.
- Evidence Evidence is testimony or documentation presented by either party to the judge or jury to support their argument and persuade them to rule in their favor.
- Ex Parte Ex parte is a Latin phrase for when a party asks for relief from the court without providing notice to the opposing party. Typically, an ex parte proceeding is done to obtain orders of protection.
- Exhibit An exhibit is documentation, such as a report or photograph, or physical evidence, such as a gun, presented at trial in support of one party’s argument.
- Expert witness A third party not directly involved in a legal proceeding who has specialized knowledge of a subject and is asked to testify on how that knowledge applies to the case. For example, an expert on poison could testify about the type of poison used to kill someone.
- Expungement Expungement is a legal process that allows a person convicted of a crime to petition a court to destroy any record of the case from court records, so it is like the case never existed.
- Extradition When a state or country agrees to turnover an accused criminal to another state or country.
- Felony A felony is a serious criminal offense punishable by imprisonment for more than one year or by death.
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Client Testimonials
“We cannot say thank you enough for all of your help and expertise”
We hired David Maletta because of a felony DUI offense that had a mandatory minimum sentence of four months in prison. David Maletta did an amazing job and got the charge reduced to a misdemeanor DUI. The sentence for the misdemeanor DUI was only one day in jail with time served. David Maletta really cared about the outcome of the case and he went above and beyond to make a horrible situation much better. We cannot say thank you enough for all of your help and expertise. If we ever need legal representation again or if I know anyone else who requires legal representation, my first call will be to David Maletta.
Patricia - Avvo Review
“She was knowledgeable and patient but educated as well”
Juanita was absolutely wonderful and a pleasure to meet. She was knowledgeable and patient but educated as well to be more involved and aware of our case. Thank you, Juanita, for being a blessing to us! May God continue to bless you tenfold!
Cassandra Hemphill- Google Review
“He helped me win a case that was not in my favor”
David was an amazing attorney when I needed someone to defend me with my speeding ticket. He helped me win a case that was not in my favor. He knows what he’s doing and takes his time with each case. He is so experienced and could probably help with just about any issue. 10/10 Recommend
Afton Maxner - Google Review
“The service provided to me was outstanding”
Absolutely amazing! The service provided to me was outstanding. They listened & made sure I was taken care of. I definitely recommend to everyone!
Nautica - Google Review
“They provided excellent legal representation with clear communication and a strategic approach”
I highly recommend. They provided excellent legal representation with clear communication and a strategic approach. From start to finish, their professionalism and expertise were evident, resulting in a successful resolution of my case. Their responsiveness and support made a challenging process much easier. Overall, exceeded my expectations and I wouldn’t hesitate to use their services again.
Gabriel Ochoa - Google Review
“He set the right expectations. I am happy with the outcome”
David communicated well and gave me upadates every step of the way answered all questions I had and made me feel comfortable with the process, and he set the right expectations. I am happy with the outcome.
Bailey - Avvo Review
“He handled his legal defense with total professionalism”
David Maletta helped My teenage son thru a very tough time. He handled his legal defense with total professionalism and discretion. David got us the best outcome and I am very grateful for all he has done for us. David and his team should be the first to call when ever you are requiring legal help.
Not enough stars for this one.
Robin Gasser - Google Review
“Let me just say she was an amazing attorney”
I had gone in to see a lawyer for my DUI. My attorney was Jessica. Let me just say she was an amazing attorney I could’ve asked for, I really thought I was going to do 3 years in prison & thanks to her I only did 1 day in jail. That’s just wow a big WOW !! I truly can’t thank her enough for what she did. She’s amazing if you ever get a DUI ask for Jessica. Can’t go wrong with her, she is outstanding! One more thing, Kiara is an amazing helper. She and Jessica are both great. Kiara answered all the questions I had. You can just say I’m so thankful I had them helping me out with my case.
Luz Jimenez - Google Review
” She did an excellent job”
Juanita did an excellent job helping my family, we got the answers we needed and the info she gave us was easy to understand.
Jeremy Standfill - Google Review
“She was able to take my worries and fears off my shoulders”
There is not a single mother out there who is ever prepared for the phone call from the local police department. That phone call can change your life. I got into contact with Jessica Hernandez of Colburn Hintze and Maletta and she was able to take my worries and fears off my shoulders. She worked extremely hard to get the results that my son needed and got him released with probation. She was able to set my mind at ease and she continued to remind me that these actions of my son did not define the person he is. What a gift to have someone defend my child and at the same time not make me feel like I was judged as a bad parent or a failure. Thank you Jessica for taking him on and for never giving up on him. Thank you for being an amazing attorney and for always taking my questions.
Brandy Waldeck- Google Review
“He has been extremely professional compassionate and knowledgeable”
I’m at the beginning of my case but so far I am very impressed. Everybody says this but I am innocent and I need a lawyer who believes in me. David has been extremely professional compassionate and knowledgeable. I am praying all will go well so far I’d recommend these people highly to you.
Thomas- Avvo Review
“I will, without hesitation, seek his counsel in the future if there is ever a need”
In a time of panic, Mr. Hintze proved to be invaluable I recently was denied a level one fingerprint clearance card through the Arizona Department of Public Safety as a result of a misdemeanor charge that occurred 16 years ago in my youth. This fingerprint card was the only thing standing between me and my ability to attend Arizona State University’s Edison College of Nursing. When I explained the details of my denial he immediately devised and executed a plan that ultimately resulted in me being awarded my fingerprint clearance card. Mr. Hintze’s confidence and steady demeaner brought a sense of relief to me, as I knew from the first conversation we had that his steadfast ability to navigate toward a productive resolution would be instrumental in my success. I appreciate Mr. Hintze beyond words and I will, without hesitation, seek his counsel in the future if there is ever a need.
Amanda - Avvo Review
“She is the best and I could not have gotten through without her”
I cannot recommend Lauren Bostick and her team enough!!! She is a consummate professional and will work harder than anyone to ensure you achieve your goals through the process. It is truly rare to find a lawyer who is not only highly skilled in the field of law in every sense of the word, but also one who cares about the whole person. She is the best and I could not have gotten through without her.
Anna Mudroch- Google Review
“A very professional firm that I highly recommend”
A very professional firm that I highly recommend. Their staff was very friendly and courteous, most especially Juanita who listened to me and guided me through this tough time.
Cody Fullmer - Google Review
“He was my best choice”
During my long divorce I worked with few attorneys, and he was my best choice! He was always prepared, understanding the conflict and all new situations. His hard work and readiness helped me very much during this unpleasant process. He is young, but professional! He is a great attorney! Thank you, Darin.
Kristina Tsonev - Avvo Review
“Thanks to him, we were able to achieve our goals and get the best outcome imaginable”
Tim is greatly valued by us. He is not only an excellent attorney; he is also a compassionate person who genuinely cares about the outcome of our case and the difficulties we are facing. Tim was always available to patiently answer my queries when traveling and promptly answered my emails and phone calls. We firmly think that Tim’s extensive knowledge of the legal system made him the most qualified person and attorney to help us navigate a difficult situation. Thanks to Tim, we were able to achieve our goals and get the best outcome imaginable. We are so appreciative that words are inadequate. I wholeheartedly suggest anyone in need of legal representation to get in touch with Tim and his company.
Amanda - Avvo Review
“She handled our case masterfully”
We had a great experience with Juanita. She handled our case masterfully, the process was smooth. Highly recommend.
Charne Gibson - Google Review
“She would be the one to call, and I highly recommend her”
Juanita assisted me with two important life matters- a divorce and a will. She is extremely patient, and kind and offers important advice. If I need her again I would not hesitate for one second. She would be the one to call, and I highly recommend her.
Tiffany Pless - Google Review
“We would highly recommend him to any prospective client”
Mr. Hintze was exceptionally thorough in explaining the law, our options with our case, what to expect, and how the Court would proceed. His skill in presenting arguments at trial was exceptionally precise and detailed. He did not hesitate to defend and argue when necessary to protect his client, which we feel contributed to our win at trial. We would highly recommend him to any prospective client.
Lisa - Avvo Review
“I couldn’t be more impressed with the professionalism and expertise”
I couldn’t be more impressed with the professionalism and expertise. From the initial consultation to the resolution of my case, they demonstrated a deep understanding of the law and a commitment to achieving the best outcome for me. Their communication was clear and timely, and I always felt well-informed and supported throughout the process. I highly recommend for anyone seeking reliable and effective legal representation.