Legal Terms


	EIGHTH JUDICIAL CIRCUIT
	SEEKING JUSTICE THROUGH PROSECUTION

SERVING THE FOLLOWING COUNTIES

The Glossary Here are the terms you need to know to survive in this business. A B C D E F G H I J K L M N O P Q R S T U V W
	A
	ABSENTEE BOOKED	When a defendant is admitted to the hospital, an absentee docket (arrest and booking report) is prepared and left at the jail. An absentee booked defendant's paperwork will go to first appearance to be assigned the first court date.
	ABSOLVE	To clear of guilt.
	ACCESSORY	One who aids a criminal, before or after the crime occurs, and who has knowledge of the crime or part of it.
	ACQUIT	To free a person from a charge of criminal guilt.
	ADJUDGE	A process or act of a judge convicting or acquitting a defendant of a crime, either a felony or misdemeanor. It amounts to a final judgment, or an adjudication.
	ADMISSIBLE EVIDENCE	Evidence or testimony presented during a trial that is of such a proper nature that a judge will allow it to be introduced into the record of the trial.
	ADMONISH	To warn or sternly advise, usually done by a judge or other court officer to a witness or defendant.
	ADVOCATE	An officer of the court who assists his client before, during and after the client has become involved in the justice system.
	AFFIANT	One who makes an affidavit.
	AFFIDAVIT	A written statement sworn to before a notary or officer of the court. The statement usually has to do with information the person giving the affidavit has about a particular criminal case.
	AFFIRM	To testify to, or declare by affirmation.
	ALLEGATION	A statement made by someone who claims it can be proved as fact.
	ALLEGE	To assert; to set forth.
	APPEAL	The legal procedure by which a decision by a judge is brought for review to a higher court, with the intention of having the decision by the lower court changed.
	ARREST and BOOKING REPORT	Affidavit prepared by police officer at time of arrest.
	ARRAIGNMENT	The court action in which a defendant in a criminal case is brought before a judge, at which time the defendant is informed of the charge against him and is asked whether he pleads guilty or innocent.
	B
	BACKLOG	The number of pending cases in court awaiting trial which exceed the court's capacity to handle them.
	BAILIFF	A person appointed by the court to keep order in the courtroom and to have custody of the jury.
	BIAS	When one forms an opinion toward one side of a case or another, without first being told the facts on both sides.BILLWhen used in the law, a formal, written statement of particular things in a case requested by one side or the other.
	BOND/BAIL	The amount of money set by the court for the release of a person accused of a crime. It is designed to assure the person's presence for his trial.
	BOND HEARING	First appearance hearing to determine probable cause, set bond, for arraignment. (See initial appearance)
	BOND REDUCTION	Something the judge can do on his authority, reducing the cash amount of bail so that the defendant may be released from jail.
	BOOKING	This is something police officials do when a person is arrested. Recorded are details of the alleged crime, including the charge and the person arrested for the crime.
	BOUND OVER	This is the expression used to indicate the changing of jurisdiction from one court to another; when a juvenile judge orders a youthful offender bound over. (The case is transferred from the juvenile branch of circuit court to the adult branch).
	C
	CALENDAR	It is a daily register of cases scheduled to be heard in court. It generally gives the name of the defendant, the charge, whether or not he is in jail, what matters are to be heard and the names of the prosecutor and defense attorney. The public may look at the calendar at anytime.
	CAPITAL CRIME	A crime in which the possible sentence is death.
	CAPIAS	A warrant issued for the purpose of arresting a person who is a defendant.
	CASE PLAN	A document prepared by the Department of Children and Family Services with input from all parties which outlines the tasks for all parties and the particular goal of the case.
	CASELOAD	The number of cases circulating within the jurisdiction of a court, a particular judge, the prosecution or public defender's office at any given time.
	CHANGE OF VENUE	Moving the location of a trial from one county to another, and selecting a jury of residents of the new county. Usually done when a question of obtaining a fair and unbiased trial has arisen.
	CIRCUMSTANTIAL EVIDENCE	Facts that might lead one, indirectly, to the conclusion of guilt or innocence in a particular case.
	COERCION	To force by fear.
	COMMUNITY SERVICE	A condition imposed as a part of a sentence through which the judge orders the defendant to perform various tasks within the community for a certain number of hours, i.e., picking up trash, washing police cars.
	COMPLAINT	A written accusation made by any person, often a prosecutor, and filed in court, alleging a certain person or persons committing specific crimes.
	COMPLAINANT	One who starts a criminal prosecution, often a victim.
	CONCURRENT SENTENCE	When a defendant is sentenced on several counts or cases and the court sentences the defendant to serve them at the same time, thereby making the defendant only serve one term.
	CONSECUTIVE SENTENCE	When a defendant is sentenced on several counts or cases and the court sentences the defendant to serve the sentences one after the other.
	CONFESSION	A voluntary, written statement of one's own guilt in a crime.
	CONSPIRACY	An agreement between two or more persons to commit an illegal act.
	CONTEMPT OF COURT	Any act that is designed to embarrass, hinder or obstruct the court in the administration of justice, or an act that directly and deliberately disobeys an order of the judge in a case.
	CORROBORATING EVIDENCE	Evidence tending to support, or verify, or lend truth to other evidence.
	COUNT	The term used for each separate offense listed in a complaint, information or indictment.
	COURT-APPOINTED ATTORNEY	An attorney appointed by the court usually in a case where the public defender has a conflict.
	COURT CLERK	The administrative officer of the court; who keeps its records.
	COURT REPORTER	A person who records (by shorthand, stenorette machine or electronic recording) that which is said during a trial or other legal proceeding.
	CREDITABLE	Trustworthy; reputable.
	CRIMINAL INTENT	The intention of doing something that is condemned by the law as being wrong.
	CROSS EXAMINATION	The questioning of a party and/or his attorney of the opponent's witness.
	D
	D/N - DISPOSITION NOTICE	A statement to the Clerk of Court notifying them when we drop a case prior to the filing of an information.
	DEFENDANT	The person against whom a criminal case is pending.
	DEFENSE ATTORNEY	An attorney that defends the defendant in court.
	DEFRAUD	Cheat.
	DEPENDENCY	When a child or children is found by the court to be abandoned, abused or neglected and the court invokes jurisdiction over the child or children and makes decisions regarding what is in the child or children's best interests.
	DEPOSITION	A pre-trial proceeding which consists of a statement of a witness (or victim) under oath, taken in question and answer form as it would be in court, with opportunity given to the other side in the case to be present and cross-examined, with all of this recorded by a court reporter.
	DIRECTED VERDICT OF ACQUITTAL	An action by the judge, ordering the jury to find the defendant innocent, when, at the conclusion of the prosecution's case, the court decides that the guilt of the accused has not been legally proven.
	DIRECT EXAMINATION	Questioning of a witness by the attorney who has called that witness.
	DISCOVERY	A modern pre-trial procedure by which one side in a case is permitted by law to gain vital information concerning the case held by the other side.
	DISMISSAL	A decision by a judge to terminate a case without a determination of guilt or innocence.
	DISPOSITION	The outcome of a case. or A hearing wherein the court determines the most appropriate protections, services and placement for the dependent child.
	DOCKET	See arrest and booking report.
	DOUBT, BEYOND A REASONABLE	Beyond such a doubt as a reasonable man would have, after careful investigation and consideration of all the evidence. The legal barrier the prosecution must pass before a jury can return a verdict of guilty in a criminal case.
	E
	ENTRAPMENT	The act of officers in inducing a person to commit a crime he would not otherwise commit, for the purpose of starting a criminal prosecution against him.
	ESTREATURE	The time during which the case is held in abeyance pending forfeiture of the bond.
	EVIDENCE	Any type of proof in a case, presented at the trial through witnesses, records, documents, etc., for the purpose of convincing a jury as to the truth of them or falseness of an allegation against the defendant.
	EXCESSIVE CORPORAL PUNISHMENT	Inappropriate or excessively harsh disciplinary action that is likely to result in physical injury, mental injury or emotional injury.
	EXEMPLARS	A specimen which is capable of supporting both deduction and inference, i.e., handwriting or fingerprint samples.
	EXONERATE	Acquit; to clear of guilt or accusation.
	EXPUNGEMENT / SEALED FILE	A defendant can do a motion to seal/expunge his file that will be heard by the court. This motion is either granted or not granted. When granted, the records of the clerk, sheriff, and state attorney is deleted.
	F
	FELONY	Any crime for which the penalty could be death, or any prison sentence of a year or more.
	FORFEITURE OF BOND	Giving up the money put on a bond, as a penalty for violating the terms of the bond.
	FUGITIVE	One who flees to avoid prosecution or punishment of a crime.
	G
	GRAND JURY	A body of citizens which hears evidence against a person and decides if that person should be prosecuted. It also makes public recommendations about what it believes are serious problems with governmental agencies.
	H
	HABEAS CORPUS	A written order, called a "writ", requiring that a prisoner be brought before a judge to determine whether or not that individual is being held legally.
	HARASS	To disturb; trouble.
	HEARING	A legal proceeding in which arguments, witnesses or evidence are heard by a judge or administrative body.
	HEARSAY	Evidence of what some other person is heard to say. It is not based on the witness' personal knowledge, and in most cases is not allowed by the judge.
	HUNG JURY	A jury which has failed to arrive at a verdict.
	HYPOTHETICAL QUESTION	A combination of facts or circumstances, assumed or proven, stated in such a form as to constitute a reasonable set of facts upon which the opinion of a witness, usually an expert, can be asked by way of evidence in a trial.
	I
	IMMATERIAL EVIDENCE	Evidence which has no bearing on the issue in the opinion of the judge, who will usually prevent it from being given to a jury.
	IMMUNITY	Exempt from penalty. Immunity from prosecution, such as that granted a witness to encourage answers to questions one might otherwise refuse to answer on grounds protecting self-incrimination.
	IMPEACH A WITNESS	An attack on the credibility of a witness by the testimony of other witnesses.
	INADMISSIBLE EVIDENCE	Evidence which, for legal reasons, cannot be admitted or received.
	INCRIMINATE	To tie one in with a crime.
	INDICTMENT	A written accusation against someone, prepared and handed down by a grand jury.
	INDIGENT	A person who is unable to afford representation by an attorney. If a judge determines after examination that a defendant in a criminal case cannot afford to hire an attorney to defend him, he can declare the defendant indigent and either appoint the public defender or a private attorney to represent his interests in court.
	INFORMATION	The formal charging document alleging crimes based on the facts supplied to the state attorney. It is signed by the state attorney and has the effect of an indictment.
	INITIAL APPEARANCE	The first appearance before a judge by persons in jail charged with crimes; usually occurring within 12-24 hours of the arrest. At the appearance, the charge is read, and arrangements are made for legal counsel. (See Bond Hearing).
	INJUNCTION	An order of a court which prohibits a person from doing certain acts.
	INSOLVENCY.	Unable to pay debts. The financial condition of a defendant, which should enable a judge to appoint free legal counsel for him
	INTAKE	The division of the State Attorney's Office in which all cases are first received.
	J
	JUDGE	A public official appointed or elected to hear and decide cases in a court of law.
	JUDGMENT	A decision or sentence of the law given by a court, i.e., pertaining to a bond forfeiture.
	JUDICIAL REVIEW	A hearing wherein the court reviews the status of the child abuse/neglect case, including the child's placement, parent's compliance with their case plans, visitation issues, financial issues relating to the child, and any other information relevant to the welfare of the child. Reviews are statutorily mandated to be held every 6 months.
	JURISDICTION	The legal authority of a court to make judgments.
	JURY	A certain number of people selected, according to law, who are sworn to inquire of certain matters of fact and declare the truth upon the evidence available to them.
	K
	KNOWINGLY	Intentionally; with knowledge.
	L
	LEADING QUESTION	A question which instructs a witness how to answer; that put words into his mouth to be echoed back. This type of question is prohibited on direct examination.
	LESSER INCLUDED OFFENSE	When a defendant is charged with a particular crime, i.e., Burglary and pleads to Trespass, we call that pleading to a lesser included offense. Not all crimes have lesser included offenses, i.e., DUI.
	M
	MISDEMEANOR	Any offense which carries a penalty of up to a year in jail and/or a fine of up to $1,000.
	MISTRIAL	A trial which, for some extraordinary circumstance, has been terminated and declared void prior to the jury's returning a verdict. A mistrial is usually declared after the court agrees that some fundamental legal error has occurred that is prejudicial to the defendant.
	MOTION	A formal request to the court asking for an order or ruling in favor of the person making the request. It can either be made before, during or after a trial.
	MOTIVE	The cause or reason that leads the mind to commit a crime.
	NOLLE PROSEQUI(Nol Pros)	A formal entry made on the record in a case by which the state attorney says he will not prosecute a case after an information/indictment has been filed with the Clerk.
	N
	NOLO CONTENDERE	A plea to a charge that can be entered in a criminal case in which the defendant neither admits nor denies his guilt, leaving the decision up to the court. In other words, the defendant does not contest the allegations.
	NON-JURY TRIAL	See Waiver Trial.
	O
	OATH	Any form of solemn pledge by which a person signifies he is bound in conscience to tell the truth.
	ORDINANCE	A law or statute. It also can mean the laws enacted by a municipal government.
	OVERRULE	The terms used when the court denies any motion raised by either side in a case; such as "motion overruled".
	P
	PARDON	An act by the governor which removes the penalties and other legal consequences from a person convicted of a crime.
	PAROLE	The status of a person conditionally released from prison prior to the completion of his sentence, and placed under the supervision of a probation and parole agency.
	PERJURY	To lie while under oath.
	PERMANENCY	A federal mandate to achieve a permanent status for a dependent child under the jurisdiction of the court within one year from the date the child was removed from the parents custody.
	PETITION	The formal charging document alleging crimes committed by a juvenile defendant based on the facts supplied to the state attorney. It is signed by the state attorney and has the effect of an indictment.
	PLAINTIFF	The person complaining in any legal litigation.
	PLEA(Guilty, Not Guilty, Nolle Contendere)	A defendant's formal answer in court to the charges brought against him in a complaint, information or indictment.
	PLEA BARGAINING	Negotiations between the defense counsel and the prosecution, seeking an agreement under which the defendant enters a plea of guilty.
	PREJUDICE	Bias toward one side or another.
	PRELIMINARY HEARING	A hearing before a County Court Judge, held to determine whether or not there is probable cause to believe that a crime was committed and that the defendant committed the crime.
	PRE-SENTENCE INVESTIGATION	An investigation ordered by the court, prior to the sentencing of a convicted defendant that thoroughly explores the past behavior, family background and personality of the defendant. The report acts as a guide to the court in sentencing.
	PRE-TRIAL	The scheduled conference for a case in which there is an opportunity to dispose of the case prior to trial through a plea of guilty or no contest.
	PRE-TRIAL DIVERSION	A court-controlled program designed to allow first and second time offenders to be diverted from the criminal justice system into rehabilitative projects, if the judge and other court agencies think the person is a proper candidate for diversion.
	PRE-TRIAL RELEASE	A court-related program designed to identify persons charged with crimes who would be good risks for release without bail prior to trial. This program permits defendants to earn money for their family and trial expenses, instead of spending unproductive time in jail.
	PRIMA FACIE CASE	A case put together with evidence that is sufficient enough to overcome the defendant's strongest asset; that he is presumed innocent until proven guilty. If a Prima Facie case is not established by the prosecution, the court may grant the defendant's motion for a directed verdict of acquittal.
	PROBABLE CAUSE	A set of facts and circumstances which would lead a reasonable, intelligent and prudent person to believe that an accused person had committed a specific crime.
	PROBATION	A plan whereby a defendant, found guilty of a crime, is released by the court, without imprisonment, under the supervision of a probation officer for a specific length of time and with specific restrictions placed on his lifestyle.
	PROSECUTOR	An attorney who represents the State of Florida and whose job it is to prepare and conduct the prosecution of persons accused of crimes.
	PROSECUTION	The act of preparing a criminal case for court by an attorney who represents the State.
	PUBLIC DEFENDER	An attorney paid by the State whose official duty it is to represent defendants unable to hire private attorneys to represent them in criminal prosecutions.
	Q
	QUASH	A term meaning to suppress; crush out, make void. When a judge grants a defense motion to quash an information in a particular criminal case, it means the prosecution cannot go forward on that information the way it is written.
	R
	REASONABLE DOUBT	The amount of certainty required of a juror for conviction on a criminal charge. These words are used in a judge's instructions to a jury to indicate that the defendant's innocence is presumed, unless guilt is so clearly proven that a jury can see that no "reasonable doubt" remains as to the guilt of the person charged.
	REASONABLE GROUNDS	Such evidence as would cause a reasonable person to believe a thing.
	REBUTTAL	Producing evidence to disprove the case of an opponent in a criminal case or trial.
	RECIDIVISM	Repeatedly becoming involved in criminal activity despite exposure to penalties of the courts.
	RELEVANT	That which is proper and timely to the case or trial.
	RELEASE ON RECOGNIZANCE (ROR)	Release without money bond, by a judge, of an accused person who has been taken into custody upon his promise to appear in court as required for criminal proceedings.
	REMAND	Put back into custody after release.
	REUNIFICATION SERVICES	Social servicess and other supportive and rehabilitative services provided to the parent or other caregiver of a child for the purpose of enabling a child who has been placed in out-of-home care to safely return to the parent at the earliest possible time.
	RESTITUTION	To pay back. Usually a special condition of probation, requiring the defendant to reimburse the victim of a crime for any financial losses incurred as a result of the crime.
	REVERSAL	The cancellation of a lower court ruling by a superior court.
	RULE(Invoking the)	This is an order of the court requiring all witnesses who may testify for either side in a trial to remain out of the courtroom until they are called to testify. These witnesses are told by the court not to talk about their testimony with anyone other than the attorneys.
	S
	SEARCH WARRANT	An order issued by a judge, directing law enforcement officers to conduct a search of a particular place for specific persons or things and to bring them before the court.
	SELF-DEFENSE	The protection of one's person or property against some injury attempted by another. When acting in justifiable self-defense, as set forth in the law, a person may not be punished criminally.
	SENTENCE	The penalty imposed on a defendant after he has been convicted of a crime. Sentences can be: Intermediate - a length of time "not less than", "nor more than" a term of months and/or years set by a judge; Consecutive - terms of imprisonment levied by the court on two or more charges that are to be served one after the other; Concurrent - Two or more terms of imprisonment to be served at the same time, thereby making the defendant serve only one term; Suspended - withholding or postponing the sentence of a defendant after conviction.
	SHELTER	A placement with a relative or non-relative, or in a licensed home or facility, for the temporary care of a child who is alleged to be or who has been found to be dependent, pending court disposition before or after adjudication.
	SLANDER	The speaking of false, malicious words about another.
	SPEEDY TRIAL	Everyone is entitled to a trial within 90 days from the day of arrest for misdemeanor and juvenile charges and 180 days from the day of arrest on a felony charge. If demanded, the person charged with a felony is entitled to a trial within 60 days of arrest.
	STATE ATTORNEY	The elected official responsible for prosecuting defendants accused of committing crimes.
	STATUTE	Any law passed by a state or federal legislative body.
	STATUTE OF LIMITATIONS	The time limit on which a person may be tried on a crime. There are no time limitations on crimes that carry the death penalty.
	SUBPOENA	A court order requiring a witness to appear and give testimony before a judge or officer of the court.
	SUBPOENA DUCES TECUM	A subpoena that not only requires a witness to appear, but also requires him to bring with him records and documents he may have that have bearing in the trial.
	SUMMONS	An official notice for a person to appear at a given place and time in order to perform some function required in litigation.
	SUSPECT	A person, adult or juvenile, who is considered by a criminal justice agency, to be someone who may have committed a specific crime, but who has not been arrested or charged.
	SUSPENDED SENTENCE	Withholding or postponing the sentence of a defendant after conviction.
	SUPERSEDEAS BOND	A bond pending appeal set by and at the judge's discretion. If the defendant has a prior felony conviction, he is not entitled to a supersedeas bond during the appeal.
	T
	TANGIBLE EVIDENCE	Evidence one can see, hold, feel, etc. The term is also used to mean "real" evidence, rather than "hearsay" evidence.
	TCC - TRANSFER TO COUNTY COURT	When a defendant is charged with a felony and the state attorney determines that the case should be handled as a misdemeanor, this is called a TCC.
	TERMINATION OF PARENTAL RIGHTS	A proceeding wherein a petition is filed by the Department of Children and Family Services or any other person with knowledge of the facts to permanently sever the parental rights of a parent or parents and place a child for subsequent adoption.
	TESTIFY	To give evidence in a case, usually from a witness, and almost always under oath.
	TRANSCRIPT	The official record of proceedings in a trial or hearing.
	TRIAL	The examination of issues of fact and law in a case, beginning when the jury has been selected and sworn in a jury trial, and concluding when a verdict is reached by the jury or a judge or the case is dismissed.
	U
	UNCONSTITUTIONAL	Contrary to the Constitution.
	V
	VERDICT	The unanimous decision of a jury reported to the court on matters submitted to it in the trial of a case.
	VERIFY	To prove; confirm.
	VICTIM	A person who has suffered death, physical or mental suffering, or loss of property as a result of an actual or attempted criminal offense committed by another person.
	W
	WAIVER	An intentional and voluntary giving up or surrendering of some known right. In a criminal case, this might be waiving a speedy trial, waiving a preliminary hearing, waiving a jury trial, etc.
	WAIVER TRIAL	The examination of issues of fact and law in a case, held in front of a judge only concluding with the judge's finding of the case or by dismissal of the charges.
	WITHHOLD ADJUDICATION	When the defendant either pleads guilty/no contest or is found guilty, the court can either withhold adjudication or adjudicate the defendant guilty. When withhold adjudication of guilt occurs, it is easier for the defendant at a later time to have his record sealed.
	WITNESS	A person that has knowledge regarding a crime that occurred, either as the witness or as the victim.
	WARRANT	A written document that is issued by the judge, authorizing a law enforcement officer to make an arrest, make a search or carry out a judgment of the court.