Criminal Defense: Glossary of Legal Terms

Acquittal:
In a criminal case, a verdict by a jury or judge that the defendant is not guilty of the offense.

Adjudication:
The formal decision of the court in a given case as to the guilt or innocence of the defendant.

Affiant:
A person who makes an affidavit.

Affidavit:
A written statement which the affiant swears to be true.

Allegation:
The statement of the issue, which must be proven.

Appeal:
Review by a higher court of a lower court’s decision.

Arraignment:
An appearance before a court of law for the purpose of pleading to a criminal charge.

Bail:
A monetary or other form of security given to insure the appearance of the defendant at every stage of the proceedings.

Bench Warrant:

An order for arrest issued by a judge to answer a charge of contempt or failure to appear.

Beyond A Reasonable Doubt:
The degree of proof needed for a jury or a judge to legally find a defendant guilty.

Community Control:
A program in which the freedom of the offender is restricted within the community to his/her home, work, or a non-institutional residential placement. Specified sanctions are imposed and enforced as part of the program by a community control officer.

Continuance:
A delay or postponement of a court hearing.
Criminal Justice System: The governmental agencies charged with law enforcement, prosecution of alleged violators of the criminal laws, the court hearing of charges against the accused and the punishment and supervision of the convicted.

Defendant:
A person who has been formally charged with the commission of a crime.

Deposition:
The recorded sworn testimony of a witness given outside open court.

Discovery:
A procedure by which one party gains information or evidence held by another party.

Disposition:
The final settlement of a criminal case.

Felony:
A serious crime for which the person may be imprisoned for more than one year.

Habeas Corpus:
A procedure for obtaining a judicial determination of the legality of an individual’s custody.

Hearsay Evidence:
Statements made by a witness, based upon what someone else told him/her, and not upon personal knowledge or observation which are normally inadmissible as evidence but this is subject to exceptions.

Indictment:
A formal written accusation made by a grand jury and filed with the court alleging that a specific person has committed a specific crime.

Minor:
A person under the age of 18.

Misdemeanor:
A crime for which the punishment may be a fine and/or imprisonment in a local jail or facility for less than one year.

Motion:
An application to a court of law for the purpose of obtaining some particular order of ruling.

Nolo Contendere (No Contest) :
" I will not contest it". A plea to a criminal charge that, although it is not an admission of guilt, generally has the same effect as a plea of guilty.

Not Guilty:
A verdict by a judge or jury that a person accused of a crime did not commit it or that there is not enough evidence to prove beyond a reasonable doubt that the accused committed the crime.

Nolle Prosequi (Nol Pross):
A decision by the prosecuting attorney, filed with the court, that a case will not be further prosecuted.

Parole:
The conditional release from prison of a person who has served a part of his/her sentence before the end of the sentence with requirements for the offender’s behavior set and supervised by a parole agency.

Perjury:
The crime of lying under oath.

Pre-Sentence Investigation:
A document that details the past behavior, prior criminal history/convictions, family circumstances and personality of an adult and gives information about the crime he has committed. It is prepared by the Department of Corrections in order to assist the court in determining the most appropriate sentence.

Pre-Trial intervention:
A diversionary program with probationary sanctions including restitution. A program for first-time offenders of non-violent crimes which must have the approval of the State Attorney and the victim of the crime. It basically functions as "pre-trial probation". If the offender completes the program, the charges are dropped. If the offender does not fulfill the terms of the program the charges are reactivated and full prosecution through the court will be pursued.

Probable Cause:
The degree of proof needed to arrest and begin prosecution against a person suspected of committing a crime; the evidence must be such that a reasonable person would believe that this specific crime was committed and that it is probable that the person being accused committed the offense.

Probation:
Conditional freedom granted to an offender by the court after conviction or guilty plea with requirements for the offender’s behavior set and supervised by the court through the Department of Corrections or other agency authorized to supervise said defendants.

Release On Own Recognizance (ROR):
The release of an accused person by a judicial officer in lieu of bail upon the promise of the accused that he/she will return to court when ordered to do so.

Rights of The Defendant:
The powers and privileges which are constitutionally guaranteed to any person arrested or accused of committing a crime: such as the right to remain silent; the right to an attorney at all stages of the proceedings; the right to a court appointed attorney if the defendant does not have the financial means to hire his own.

Sentencing:
The legal process in which a defendant who has been found guilty of a crime hears in court what punishment will be imposed against him.

Subpoena:
A judicial order to appear at a certain place and time to give testimony.

Summons:
A written order by a Judge requiring a defendant to appear in court at a specific time and place to answer the charge.

Suspended Sentence:
A court decision to postpone the pronouncing of sentence on a convicted person or to postpone the execution of sentence that has been pronounced by the court.

Testimony:
Evidence given by a witness who has been sworn to tell the truth.

Trial:
An examination of issues of fact and law before a judge and sometimes a jury at which the evidence is presented to determine whether or not the accused person is guilty of committing a specific crime.

Verdict:
The decision of a judge or jury at the end of a trial.

Witness:
One who gives evidence in a cause before a court and who attests or swears to facts or gives or bears testimony under oath.

Bradenton Florida 6148 State Road 70 East Bradenton, Florida 34203 Telephone: 941-756-6600 Fax: 941-782-5575