| LEGAL TERMS & DEFINITIONS |
either before or after the fact.
Appeal – A request made after a trial by a party that has lost on one or
more issues that a higher court review the decision to determine if it
was correct. The party appealing the court's decision is the "appellant,"
and the party seeking to have the court's decision affirmed/upheld
is the "appellee."
Arraignment – A proceeding in which a criminal defendant is brought into
court, told of the charges against him or her, and asked to
plead guilty or not guilty.
Arraignment –An arraignment is a hearing where a defendant is advised of the charges filed against
him/her and allowed to enter a plea. If they enter a plea of guilty or no contest they will be sentenced at that
time. If they plea not guilty the case will be set for a Pre-Trial Conference.
Bail – The release, prior to trial, of a person accused of a crime, under specified conditions designed to
assure that person's appearance in court when required. Also can refer to the amount of bond money posted
as a financial condition of pretrial release.
Bail bond - An obligation signed by the defendant, with sureties, to secure his/her presence in court;
Bench Trial – A trial without a jury, in which the judge serves as the fact-finder.
Brief – A written statement submitted in a trial or appellate proceeding that explains one side's legal and
factual arguments.
Burden of Proof – The duty to prove disputed facts. The burden will depend on the type of case.
Capital offense – A crime punishable by death.
Case Law – The law as established in previous court decisions.
Community service – condition the court imposes that requires an individual to work–without pay–for a civic
or nonprofit organization. This can be a specific punishment for an offense, or can also be to pay off money
owed to the court.
Concurrent sentence – Prison, jail, or probation terms for two or more offenses to be served at the same
time, rather than one after the other.
Consecutive sentence – Prison, jail, or probation terms for two or more offenses to be served one after the
other.
Conviction – A judgment of guilt against a criminal defendant.
Competency - A witness's ability to observe, recall and recount under oath what happened. Criminal
defendants must also be competent to stand trial; they must understand the nature of the proceedings and
have the ability to assist their lawyers.
Counsel – Lawyers in a case.
Count – An allegation in an indictment or information, charging a defendant with a crime. An indictment or
information may contain allegations that the defendant committed more than one crime. Each allegation is
referred to as a count.
Defendant – In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal
case, the person accused of the crime.
Discovery – Procedures used to obtain disclosure of evidence before trial.
Dismissal with Prejudice – Court action that prevents an identical lawsuit from being filed later.
Dismissal without Prejudice – Court action that allows the later filing.
Double jeopardy - Prohibition (5th Amendment) against prosecuting a person more than once for the same
crime.
Evidence – Information presented in testimony or in documents that is used to persuade the fact finder
(judge or jury) to decide the case in favor of one side or the other.
Exclusionary Rule – Doctrine that says evidence obtained in violation of a criminal defendant's constitutional
or statutory rights is not admissible at trial.
Exculpatory Evidence – Evidence indicating that a defendant did not commit the crime.
Failure to Appear - Any Defendant who fails to appear as required by the Court may have his or her bail
revoked and a warrant (also called a "Capias") issued for his/her arrest. He or she can also be charged with
a new, separate crime of failing to appear.
Felony - a crime punishable by imprisonment in a state penitentiary for more than one year or more than 1
year probation.
Fifth Amendment - The Fifth Amendment to the U.S. Constitution guarantees that a person cannot be
compelled to present self-incriminating testimony in a criminal proceeding. This includes a Defendant's
absolute right to not testify at trial and not have the judge or prosecutor comment on his right to remain silent,
and to have the jury not consider the Defendant's not testifying in making a decision.
First Appearance - After a person is arrested, if they have not bonded out of jail within 24 hours, they will
appear before a judge for a first appearance. The judge will set a bond amount (or, in very serious cases,
order that a person be held without bond) and determine if they qualify for representation by the Public
Defender. The case will also be scheduled for an arraignment before a county judge on misdemeanor and
criminal traffic cases or before a circuit judge for felony cases.
Fourth Amendment - The U.S. Constitution's protection against unreasonable search and seizure by
government officials.
Grand Jury – A body of citizens who listen to evidence of criminal allegations, which is presented by the
prosecutors, and determine whether there is probable cause to believe an individual committed an offense.
Habeas Corpus – Latin, meaning "you have the body." A writ of habeas corpus generally is a judicial order
forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's
continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison
inmates who say their state prosecutions violated federally protected rights in some way.
Hearsay – Evidence presented by a witness who did not see or hear the incident in question but heard about
it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial.
Home Confinement – A special condition the court imposes that requires an individual to remain at home
except for certain approved activities such as work and medical appointments. Home confinement may
include the use of electronic monitoring equipment–a transmitter attached to the wrist or the ankle–to help
ensure that the person stays at home as required.
Impeachment – The process of calling a witness's testimony into doubt. For example, if the attorney can
show that the witness may have fabricated portions of his testimony, the witness is said to be "impeached."
Inculpatory Evidence – Evidence indicating that a defendant did commit the crime.
Indictment – The formal charge issued by a grand jury stating that there is enough evidence that the
defendant committed the crime to justify having a trial; it is used primarily for felonies.
Information – A formal accusation by a government attorney that the defendant committed a misdemeanor.
See also indictment.
Injunction – A court order preventing one or more named parties from taking some action.
Jurisdiction – The legal authority of a court to hear and decide a certain type of case. It also is used as a
synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide
cases.
Jury instructions – A judge's directions to the jury before it begins deliberations regarding the factual
questions it must answer and the legal rules that it must apply.
Miranda Rights - The rule, established by the US Supreme Court in Miranda v. Arizona, that confessions are
inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights
before questioning. The rights include:
a. The right to remain silent and to refuse to answer any questions;
b. The right to know that anything the suspect says can and will be used against the suspect in court;
c. The right to consult with an attorney and to have an attorney present during questioning;
d. The right to have counsel appointed at public expense, prior to any questioning if the suspect cannot afford
counsel.
Misdemeanor is a crime which is punishable by imprisonment of no more than a year. There are two
degrees of misdemeanors:
Mistrial – An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again
with the selection of a new jury.
Motion in Limine – A pretrial motion requesting the court to prohibit the other side from presenting, or even
referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent
the jury from being unduly influenced.
Nolle Prosequi - A formal entry upon the record by the plaintiff in a civil suit, or the prosecuting officer in a
criminal case, declaring the case will not be prosecuted.
Nolo contendere – No contest. A plea of nolo contendere 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.
Not guilty by reason of insanity - The jury or the judge must determine that the defendant, because of
mental disease or defect, could not form the intent required to commit the offense.
Opinion – A judge's written explanation of the decision of the court.
Order to Show Cause - Court order requiring a party to appear and show cause why the court should not
take a particular course of action. If the party fails to appear or to give sufficient reasons why the court should
take no action, the court will take the action.
Plea – In a criminal case, the defendant's statement pleading "guilty," "not guilty," or "no contest" in answer to
the charges.
Presentence report – A report prepared by a court's probation officer, after a person has been convicted of
an offense, summarizing for the court the background information needed to determine the appropriate
sentence.
Pretrial conference – A meeting of the judge and lawyers to plan the trial, to discuss which matters should
be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically,
the judge and the parties also discuss the possibility of settlement of the case. The case will usually be
continued to another Pre-Trial Conference or scheduled for trial.
Probation – Considered an alternative to jail or prison, the court releases the person to the community and
orders him or her to complete a period of supervision monitored by a probation officer and to abide by certain
conditions. Violations of probation are reported to the court and can result in incarcerating the person for the
maximum amount of time for the original charge.
Pro Se – Representing oneself. Serving as one's own lawyer.
Prosecute – To charge someone with a crime. A prosecutor tries a criminal case on behalf of the
government.
Reasonable Doubt - A person accused of a crime is entitled to acquittal if, in the minds of the jury or judge,
his or her guilt has not been proved beyond a "reasonable doubt"; the jurors are not entirely convinced of the
person's guilt.
Record – A written account of the proceedings in a case, including all pleadings, evidence, and exhibits
submitted in the course of the case.
Restitution - Court-ordered payment to reimburse a victim of a crime by the offender.
Restraining Order - Similar to an injunction, commanding the party to leave the other party alone,
Sentencing - If the defendant is found guilty of a crime, the judge will impose sentence. The sentence can
include jail/prison time (up to the maximum for that charge), probation, fines, suspension of the defendant's
driving privilege, classes (such as anger management), restitution (payment to the victim), community
service, drug/alcohol treatment, no return to the crime scene, no contact with the victim, and other penalties
allowed by law. The judge's sentence will depend on the severity of the charge, the defendant's criminal
history, and the circumstance of the individual case.
Statute - A law passed by the state legislature.
Statute of Limitations - A certain time allowed by statute in which litigation must be brought. In criminal
cases, prosecution is barred if not brought within the statute of limitations
Suppression Hearing - A hearing on a criminal defendant's motion to prohibit the prosecutor's use of
evidence alleged to have been obtained in violation of the defendant's rights. This hearing is held outside of
the presence of the jury, either prior to or at trial.
Temporary Restraining Order – Akin to a preliminary injunction, it is a judge's short-term order forbidding
certain actions until a full hearing can be conducted. Often referred to as a TRO.
Testimony – Evidence presented orally by witnesses during trials or before grand juries.
Transcript – A written, word-for-word record of what was said, either in a proceeding such as a trial, or
during some other formal conversation, such as a hearing or oral deposition.
Trial
If the Defendant does not enter a plea, then the case will be tried before a jury of 6 members of the
community. The prosecution will present any witnesses and evidence it has, and the defense has the
opportunity to cross-examine the witnesses and challenge the evidence. The defense also can present any
evidence and witnesses on the defendant's behalf. The defendant may choose to testify, but he does not
have to testify, and neither the prosecution nor the judge can comment on the right to remain silent or hold it
against the defendant if he does not testify; the jury will also be instructed not to consider the defendant's
right to remain silent when it deliberates.
All courtrooms are open to the public except for rare circumstances.
Once all the evidence is concluded, the jury will decide whether to find the defendant guilty or not guilty. The
jury will be instructed on the law and what it may and may not consider in conducting its deliberations. If the
defendant is found not guilty, the charges are dismissed, he is free to go, and the State can never again
bring those charges or use the same evidence against him. If he is found guilty, the judge will sentence the
defendant.
Venue – The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of
a case from one judicial district to another.
Verdict – The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant,
or that determines the final outcome of a civil case.
Voir Dire – Jury selection process of questioning prospective jurors, to ascertain their qualifications and
determine any basis for challenge.
Warrant - A written order issued and signed by a judge or magistrate which allows the police to search a
place and seize specified items found there (search warrant), or to arrest or detain a specified person (arrest
warrant).
Appeal – A request made after a trial by a party that has lost on one or
more issues that a higher court review the decision to determine if it
was correct. The party appealing the court's decision is the "appellant,"
and the party seeking to have the court's decision affirmed/upheld
is the "appellee."
Arraignment – A proceeding in which a criminal defendant is brought into
court, told of the charges against him or her, and asked to
plead guilty or not guilty.
Arraignment –An arraignment is a hearing where a defendant is advised of the charges filed against
him/her and allowed to enter a plea. If they enter a plea of guilty or no contest they will be sentenced at that
time. If they plea not guilty the case will be set for a Pre-Trial Conference.
Bail – The release, prior to trial, of a person accused of a crime, under specified conditions designed to
assure that person's appearance in court when required. Also can refer to the amount of bond money posted
as a financial condition of pretrial release.
Bail bond - An obligation signed by the defendant, with sureties, to secure his/her presence in court;
Bench Trial – A trial without a jury, in which the judge serves as the fact-finder.
Brief – A written statement submitted in a trial or appellate proceeding that explains one side's legal and
factual arguments.
Burden of Proof – The duty to prove disputed facts. The burden will depend on the type of case.
Capital offense – A crime punishable by death.
Case Law – The law as established in previous court decisions.
Community service – condition the court imposes that requires an individual to work–without pay–for a civic
or nonprofit organization. This can be a specific punishment for an offense, or can also be to pay off money
owed to the court.
Concurrent sentence – Prison, jail, or probation terms for two or more offenses to be served at the same
time, rather than one after the other.
Consecutive sentence – Prison, jail, or probation terms for two or more offenses to be served one after the
other.
Conviction – A judgment of guilt against a criminal defendant.
Competency - A witness's ability to observe, recall and recount under oath what happened. Criminal
defendants must also be competent to stand trial; they must understand the nature of the proceedings and
have the ability to assist their lawyers.
Counsel – Lawyers in a case.
Count – An allegation in an indictment or information, charging a defendant with a crime. An indictment or
information may contain allegations that the defendant committed more than one crime. Each allegation is
referred to as a count.
Defendant – In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal
case, the person accused of the crime.
Discovery – Procedures used to obtain disclosure of evidence before trial.
Dismissal with Prejudice – Court action that prevents an identical lawsuit from being filed later.
Dismissal without Prejudice – Court action that allows the later filing.
Double jeopardy - Prohibition (5th Amendment) against prosecuting a person more than once for the same
crime.
Evidence – Information presented in testimony or in documents that is used to persuade the fact finder
(judge or jury) to decide the case in favor of one side or the other.
Exclusionary Rule – Doctrine that says evidence obtained in violation of a criminal defendant's constitutional
or statutory rights is not admissible at trial.
Exculpatory Evidence – Evidence indicating that a defendant did not commit the crime.
Failure to Appear - Any Defendant who fails to appear as required by the Court may have his or her bail
revoked and a warrant (also called a "Capias") issued for his/her arrest. He or she can also be charged with
a new, separate crime of failing to appear.
Felony - a crime punishable by imprisonment in a state penitentiary for more than one year or more than 1
year probation.
Fifth Amendment - The Fifth Amendment to the U.S. Constitution guarantees that a person cannot be
compelled to present self-incriminating testimony in a criminal proceeding. This includes a Defendant's
absolute right to not testify at trial and not have the judge or prosecutor comment on his right to remain silent,
and to have the jury not consider the Defendant's not testifying in making a decision.
First Appearance - After a person is arrested, if they have not bonded out of jail within 24 hours, they will
appear before a judge for a first appearance. The judge will set a bond amount (or, in very serious cases,
order that a person be held without bond) and determine if they qualify for representation by the Public
Defender. The case will also be scheduled for an arraignment before a county judge on misdemeanor and
criminal traffic cases or before a circuit judge for felony cases.
Fourth Amendment - The U.S. Constitution's protection against unreasonable search and seizure by
government officials.
Grand Jury – A body of citizens who listen to evidence of criminal allegations, which is presented by the
prosecutors, and determine whether there is probable cause to believe an individual committed an offense.
Habeas Corpus – Latin, meaning "you have the body." A writ of habeas corpus generally is a judicial order
forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's
continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison
inmates who say their state prosecutions violated federally protected rights in some way.
Hearsay – Evidence presented by a witness who did not see or hear the incident in question but heard about
it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial.
Home Confinement – A special condition the court imposes that requires an individual to remain at home
except for certain approved activities such as work and medical appointments. Home confinement may
include the use of electronic monitoring equipment–a transmitter attached to the wrist or the ankle–to help
ensure that the person stays at home as required.
Impeachment – The process of calling a witness's testimony into doubt. For example, if the attorney can
show that the witness may have fabricated portions of his testimony, the witness is said to be "impeached."
Inculpatory Evidence – Evidence indicating that a defendant did commit the crime.
Indictment – The formal charge issued by a grand jury stating that there is enough evidence that the
defendant committed the crime to justify having a trial; it is used primarily for felonies.
Information – A formal accusation by a government attorney that the defendant committed a misdemeanor.
See also indictment.
Injunction – A court order preventing one or more named parties from taking some action.
Jurisdiction – The legal authority of a court to hear and decide a certain type of case. It also is used as a
synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide
cases.
Jury instructions – A judge's directions to the jury before it begins deliberations regarding the factual
questions it must answer and the legal rules that it must apply.
Miranda Rights - The rule, established by the US Supreme Court in Miranda v. Arizona, that confessions are
inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights
before questioning. The rights include:
a. The right to remain silent and to refuse to answer any questions;
b. The right to know that anything the suspect says can and will be used against the suspect in court;
c. The right to consult with an attorney and to have an attorney present during questioning;
d. The right to have counsel appointed at public expense, prior to any questioning if the suspect cannot afford
counsel.
Misdemeanor is a crime which is punishable by imprisonment of no more than a year. There are two
degrees of misdemeanors:
- A First Degree Misdemeanor is punishable by up to one year in the county jail or one year probation,
plus a fine up to $1,000. - A Second Degree Misdemeanor is punishable by up to 60 days in the county jail or 6 months
probation, plus a fine up to $500.
Mistrial – An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again
with the selection of a new jury.
Motion in Limine – A pretrial motion requesting the court to prohibit the other side from presenting, or even
referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent
the jury from being unduly influenced.
Nolle Prosequi - A formal entry upon the record by the plaintiff in a civil suit, or the prosecuting officer in a
criminal case, declaring the case will not be prosecuted.
Nolo contendere – No contest. A plea of nolo contendere 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.
Not guilty by reason of insanity - The jury or the judge must determine that the defendant, because of
mental disease or defect, could not form the intent required to commit the offense.
Opinion – A judge's written explanation of the decision of the court.
Order to Show Cause - Court order requiring a party to appear and show cause why the court should not
take a particular course of action. If the party fails to appear or to give sufficient reasons why the court should
take no action, the court will take the action.
Plea – In a criminal case, the defendant's statement pleading "guilty," "not guilty," or "no contest" in answer to
the charges.
Presentence report – A report prepared by a court's probation officer, after a person has been convicted of
an offense, summarizing for the court the background information needed to determine the appropriate
sentence.
Pretrial conference – A meeting of the judge and lawyers to plan the trial, to discuss which matters should
be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically,
the judge and the parties also discuss the possibility of settlement of the case. The case will usually be
continued to another Pre-Trial Conference or scheduled for trial.
Probation – Considered an alternative to jail or prison, the court releases the person to the community and
orders him or her to complete a period of supervision monitored by a probation officer and to abide by certain
conditions. Violations of probation are reported to the court and can result in incarcerating the person for the
maximum amount of time for the original charge.
Pro Se – Representing oneself. Serving as one's own lawyer.
Prosecute – To charge someone with a crime. A prosecutor tries a criminal case on behalf of the
government.
Reasonable Doubt - A person accused of a crime is entitled to acquittal if, in the minds of the jury or judge,
his or her guilt has not been proved beyond a "reasonable doubt"; the jurors are not entirely convinced of the
person's guilt.
Record – A written account of the proceedings in a case, including all pleadings, evidence, and exhibits
submitted in the course of the case.
Restitution - Court-ordered payment to reimburse a victim of a crime by the offender.
Restraining Order - Similar to an injunction, commanding the party to leave the other party alone,
Sentencing - If the defendant is found guilty of a crime, the judge will impose sentence. The sentence can
include jail/prison time (up to the maximum for that charge), probation, fines, suspension of the defendant's
driving privilege, classes (such as anger management), restitution (payment to the victim), community
service, drug/alcohol treatment, no return to the crime scene, no contact with the victim, and other penalties
allowed by law. The judge's sentence will depend on the severity of the charge, the defendant's criminal
history, and the circumstance of the individual case.
Statute - A law passed by the state legislature.
Statute of Limitations - A certain time allowed by statute in which litigation must be brought. In criminal
cases, prosecution is barred if not brought within the statute of limitations
Suppression Hearing - A hearing on a criminal defendant's motion to prohibit the prosecutor's use of
evidence alleged to have been obtained in violation of the defendant's rights. This hearing is held outside of
the presence of the jury, either prior to or at trial.
Temporary Restraining Order – Akin to a preliminary injunction, it is a judge's short-term order forbidding
certain actions until a full hearing can be conducted. Often referred to as a TRO.
Testimony – Evidence presented orally by witnesses during trials or before grand juries.
Transcript – A written, word-for-word record of what was said, either in a proceeding such as a trial, or
during some other formal conversation, such as a hearing or oral deposition.
Trial
If the Defendant does not enter a plea, then the case will be tried before a jury of 6 members of the
community. The prosecution will present any witnesses and evidence it has, and the defense has the
opportunity to cross-examine the witnesses and challenge the evidence. The defense also can present any
evidence and witnesses on the defendant's behalf. The defendant may choose to testify, but he does not
have to testify, and neither the prosecution nor the judge can comment on the right to remain silent or hold it
against the defendant if he does not testify; the jury will also be instructed not to consider the defendant's
right to remain silent when it deliberates.
All courtrooms are open to the public except for rare circumstances.
Once all the evidence is concluded, the jury will decide whether to find the defendant guilty or not guilty. The
jury will be instructed on the law and what it may and may not consider in conducting its deliberations. If the
defendant is found not guilty, the charges are dismissed, he is free to go, and the State can never again
bring those charges or use the same evidence against him. If he is found guilty, the judge will sentence the
defendant.
Venue – The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of
a case from one judicial district to another.
Verdict – The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant,
or that determines the final outcome of a civil case.
Voir Dire – Jury selection process of questioning prospective jurors, to ascertain their qualifications and
determine any basis for challenge.
Warrant - A written order issued and signed by a judge or magistrate which allows the police to search a
place and seize specified items found there (search warrant), or to arrest or detain a specified person (arrest
warrant).
The hiring of an attorney is an important decision that should not be based solely on advertisements.
experience.
Private Counsel LLC is a private law firm located in Orlando, Florida, practicing criminal defense, DUI defense, juvenile
defense, traffic charges, traffic tickets, drug charges, domestic violence, violations of probation (VOP) and community
control, sealing and expungement of criminal charges and criminal history. Cases primarily in Orange County, Seminole
County, and Osceola County, Florida.
This website and information contained herein is not legal advice and not intended to be taken as legal advice. Please
contact Private Counsel, LLC or another Florida attorney for individual advice regarding your own situation.
Copyright © 2007 by PRIVATE COUNSEL, LLC. All rights reserved.
experience.
Private Counsel LLC is a private law firm located in Orlando, Florida, practicing criminal defense, DUI defense, juvenile
defense, traffic charges, traffic tickets, drug charges, domestic violence, violations of probation (VOP) and community
control, sealing and expungement of criminal charges and criminal history. Cases primarily in Orange County, Seminole
County, and Osceola County, Florida.
This website and information contained herein is not legal advice and not intended to be taken as legal advice. Please
contact Private Counsel, LLC or another Florida attorney for individual advice regarding your own situation.
Copyright © 2007 by PRIVATE COUNSEL, LLC. All rights reserved.
| PRIVATE COUNSEL, LLC ♦ DEFENSE ATTORNEYS 733 WEST COLONIAL DRIVE, ORLANDO, FLORIDA 32804 (407) 849-2949 |
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