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Simple English definitions for legal terms
silent record
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A quick definition of silent record:
A silent record is a type of legal document that is missing important information about a defendant's actions or decisions. This can include not showing that a defendant entered a plea or waived their right to a lawyer. It is important for records to be complete and accurate in order to ensure fair legal proceedings.
A more thorough explanation:
A silent record is a type of record that does not show that a defendant made a voluntary and informed decision about their legal rights. This can include entering a plea, waiving the right to an attorney, or taking any other action that affects their legal rights.
- If a defendant's plea is not recorded in the court's records, it may be considered a silent record.
- If a defendant is not informed of their right to an attorney and they proceed without one, it may also be considered a silent record.
These examples illustrate how a silent record can occur when important legal decisions are not properly documented, which can have serious consequences for the defendant's rights and the outcome of their case.