Terms Used In West Virginia Code > Chapter 14 > Article 2B - Distribution of Crime Profits

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Contract: A legal written agreement that becomes binding when signed.
• Contract: means any agreement, whether reduced to writing or not, in which any person, firm, corporation, partnership, association or other legal entity contracts for, pays or agrees to pay, any crime profits to a defendant or to a defendant'. See West Virginia Code 14-2B-3
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means the circuit court of the county wherein the defendant is charged with or was prosecuted for the commission of the crime. See West Virginia Code 14-2B-3
• Crime: means any offense designated by the provisions of this code as a felony or misdemeanor. See West Virginia Code 14-2B-3
• Crime profits: means :

  (1) Any property obtained through or income generated from the commission of a crime of which the defendant was convicted. See West Virginia Code 14-2B-3

• Crime victim: means the victim of the offense or the personal representative of a crime victim. See West Virginia Code 14-2B-3
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defendant: means a person charged with a crime or convicted of a crime after trial, by entry of a plea of guilty or by entry of a plea of nolo contendere in any court in this state. See West Virginia Code 14-2B-3
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Executor: A male person named in a will to carry out the decedent
• Lien: A claim against real or personal property in satisfaction of a debt.
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Personal representative: means an attorney-in-fact or legal guardian of a living person or the executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function under the law governing their status of the estate of a deceased person. See West Virginia Code 14-2B-3
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prosecutor: means the prosecuting attorney of the county in which the defendant is charged with or was prosecuted for the commission of the crime. See West Virginia Code 14-2B-3
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Service of process: The service of writs or summonses to the appropriate party.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.