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Criminal Law GlossaryAccessory Someone who intentionally helps another person commit a felony (examples – giving advice before the crime, helping to conceal the evidence or the perpetrator). An accessory is usually not physically present during the crime.AccompliceSomeone who helps another person (known as the principal) commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. An accomplice is guilty of the same offense and usually receives the same sentence as the principal.AccusedA person or persons formally charged but not yet tried for a crime.AcquittalA legal judgment, based on the decision of either a jury or a judge that an accused is not guilty of the crime for which he or she has been charged or tried.AdjudicationA judgment rendered by the court after a finding of guilt.Admissible Evidence The evidence that a trial judge or jury may consider, because the rules of evidence deem it reliable.AdmissionConfession of a charge, an error, or a crime; acknowledgment. AffidavitA written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. For example, in criminal cases affidavits are often used by police officers seeking to convince courts to grant a warrant to make an arrest or a search. In civil cases, affidavits of witnesses are often used to support motions for summary judgment.Affirmative DefenseWithout denying the charge, the defendant raises circumstances such as insanity, self-defense or entrapment to avoid civil or criminal responsibility.AllegationA claim or statement of what a party intends to prove; the facts as one party claims they are.AppealA request by the defense or prosecutor for a review of the case by a court with appellate jurisdiction (county criminal can appeal to circuit, DCA, or FSC; circuit criminal can appeal to DCXA or FSC).ArraignmentThe appearance of the defendant in court to enter his or her plea to the charges.Bail / BondThe money (cash or surety) or property given to the court as security when an accused person is released before and during a trial with the agreement that the defendant will return to court when ordered to do so. Bail is forfeited if the defendant fails to return to court. A bond can also be supersedeas, which is set by the court during the appeal procedure and posted with the Clerk; it is posted by a party against whom a judgment has been entered, when the party seeks to prevent the enforcement of that judgment.Best Evidence RuleA rule of evidence that demands that the original of any document, photograph or recording be used as evidence at trial, rather than a copy. A copy will be allowed into evidence only if the original is unavailable.Beyond a Reasonable DoubtThe burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. The jury must be convinced that the defendant committed each element of the crime before returning a guilty verdict.BookingPart of the process of being arrested in which the details of who a person is and why he or she was arrested are recorded in police records.Burden of ProofThe duty of a party in a lawsuit to persuade the judge or jury that enough facts exist to prove the allegations (charges) of the case.Capital Crime A crime punishable by death.C-4 MotionMotion to dismiss on grounds that there is no prima facie case of guilty. See Fla. R. Crim. P. 3.190(c)(4).Capias Literally, "that you take." Several writs and processes commanding the sheriff to take the person of the defendant are known by the name capias, e.g., capias ad respondendum, capias ad computandum, and capias ad satisfaciendum. A capias is also known as a bench warrant, which is used in situations where the person has appeared in court previously but failed to comply with certain court orders, i.e., failure to appear and failure to pay financial obligations. An instanter capias is an arrest order to bring the person before the court immediately, with no bond.Cause of ActionOne or more related charges, combined and made against a defendant for wrongs committed.Challenge for CauseObjection to the seating of a particular juror for a stated reason (usually bias or prejudice for or against one of the parties in the lawsuit.) The judge has the discretion to deny the challenge. This differs from peremptory challenge.Change of VenueA change in the location of a trial, usually granted to avoid prejudice against one of the parties.ChargeA formal accusation or indictment filed by the prosecutor’s office that a specific person has committed a specific crime. Also known as pressing charges.Circumstantial EvidenceIndirect evidence that implies that something occurred but doesn’t directly prove munity controlA form of probation restricting the defendant’s movements to an extreme mutationThe reduction of a sentence, as from death to life panion Cases or CodefendantsMore than one person arrested on the same criminal incident.Contempt of CourtAn act of disrespect to the court, willful disregard of the court’s authority. Indirect usually involves not following a court order; direct is usually done in the judge’s presence.Conviction A judgment of guilt against a criminal defendant.D-6A request sent by the Clerk or court to the Department of Highway Safety & Motor Vehicles to suspend the driver’s license of a defendant as a result of failure to pay child support, court costs and fines, traffic citations, etc.Direct FileA phrase that denotes the action taken by the state attorney to file adult charges against a juvenile. Certain statutory criteria must be met.DiscoveryPretrial device used by both parties to obtain facts about the case to prepare for trial. Includes depositions, interrogatories, requests for admission, etc.Due Process of LawThe right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notices, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial jury and to confront and secure witnesses.Elements of a Crime Specific factors that define a crime the prosecution must prove beyond a reasonable doubt in order to obtain a conviction. The elements that must be proven are (1) that a crime has actually occurred, (2) that the accused intended the crime to happen, and (3) a timely relationship between the first two factors. Expunge/SealClerks are governed by Rule 3.962 and generally do not follow the “obliterate” definition in ch. 943; however given the lack of detail in Rule 3.692, Clerks do refer to other provisions of ch. 943. Expunging or expunction means that, once ordered, Clerks cannot acknowledge the existence of the case except as noted by the exceptions in ch. 943. Contrast with sealing a criminal record: Once ordered, Clerks can acknowledge the case number, case type, and parties, but nothing further, except as provided in ch. 943.First AppearanceThe initial appearance of an arrested person before a judge to determine whether there is probable cause for his/her arrest. Generally, the person comes before a judge within 24 hours of the arrest. FelonyA felony is a serious criminal offense, usually punishable by a prison term or, in some cases, by death. Felonies are considered more severe than misdemeanors. Murder, extortion and kidnapping are some examples of felonies. Felonies are classified as 1st degree, 2nd degree, 3rd degree or capital felonies.Forfeiture (known as estreature in common law)Loss of a bond due to a defendant’s failure to appear.Grand JuryA body of persons with the authority to investigate and accuse, but not to try cases. The grand jury will listen to and review evidence to see if it there are sufficient grounds to bring an individual to trial. HearingThis is a legal proceeding (not a trial) held before a judge. Evidence and arguments are presented in an effort to resolve a disputed factual or legal issue.HomicideThe killing of one human being by another human being. The term applies to all such killings, criminal and non-criminal. Homicide is considered non-criminal in a number of situations, including deaths as the result of war and putting someone to death by the valid sentence of a court. It may be legally justified or excused, as in cases of self-defense or when someone is killed by another person who is attempting to prevent a violent felony. Criminal homicide occurs when a person purposely, knowingly, recklessly or negligently causes the death of another. Murder and manslaughter are both examples of criminal homicide.Hung JuryA jury whose members cannot unanimously agree whether the accused is guilty or innocent.ImpeachTo impeach a witness is to introduce evidence intended to contradict testimony or to question his credibility.IncarcerationIncarceration is when a person is confined to a jail or prison.IndictmentA formal written accusation made by a grand jury and filed in court, alleging that a specific person has committed a specific crime.JailJails are often run by sheriff and/or local governments are designed to hold individuals awaiting trial or serving short sentences (364 days or less).InformationA formal charging document issued by the State Attorney, that the named person committed a specific offense. Infraction A violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions. Judgment / SentenceThe official document of a judge’s disposition (decision) of a case and sentence of a defendant.Jury NullificationThe acquitting of a defendant by a jury in disregard of the judge’s instruction and contrary to the jury’s findings of fact. Often occurs because the jury is sympathetic toward the defendant or law which the defendant is charged.Lesser-included OffenseAny lesser offense included in the statute under the original charge. MisdemeanorA crime, less serious than a felony, and punishable by fines or jail time. Misdemeanors are classified as 1st degree and 2nd degree misdemeanors and are handled in County Court. Petty theft, first-time drunk driving and leaving the scene of an accident are some examples of misdemeanor crimesMistrialA trial which is invalid because of some fundamental errors in procedure, wrongdoing or a hung jury. A judge can set the case for a new trial or retrial at a future date.Motion for Postconviction ReliefA motion filed after disposition under Fla. R. Crim. P. 3.800 (motion to correct/modify sentence); 3.850 (motion to correct sentence/vacate conviction); 3.851 (motion to correct sentence/vacate conviction in death penalty cases); 3.852 (capital postconviction public records production); or 3.853 (DNA testing).No Contest/Nolo ContendereA defendant neither admits nor denies the charges, letting them stand as is.No InformationAlso referred to as “no action”. The voluntary termination of proceedings by the State Attorney. The document filed by the State that advises a person who has been arrested that no formal charges (via an information or indictment) will be filed. Purchase v. State, 866 So. 2nd 208 (Fla. 4th DCA 2004).Nolle ProsequiThe dismissal of a pending information or indictment. Genden v. Fuller, 648 So. 2d 1183, 1183 n.1 (Fla. 1994); Allied Fidelity Ins. Co. v. State for Use and Benefit of Dade County, 408 So. 2d 756 n.1 (Fla. 3d DCA 1982). The formal entry on the record by the State that there will be no further prosecution of either the entire case, some of the counts, or some of the defendants. Babun v. State, 576 So. 2d 377 n.1 (Fla. 3d DCA 1991).Notice of AppearanceIf a defendant retains an attorney, he/she likely will file a Notice of Appearance with the court to inform the judge, the prosecutor and the clerk’s office that he/she represents the defendant.No Probable CauseInsufficient grounds to hold the person who was arrested.ParoleParole is controlled release from a correctional facility of a prisoner who has served part of the term/sentence to which he or she was sentenced.Peremptory challengeA challenge that may be used to reject a certain number of prospective jurors without giving a reason. Plea In a criminal proceeding, in open court, a defendant's answer to the charge - guilty, not guilty or nolo contendere. Plea Bargaining or Plea NegotiatingThe process through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. Usually it is a legal transaction in which a defendant pleads guilty in exchange for some form of leniency. It often involves a guilty plea to lesser charges or a guilty plea to some of the charges if other charges are dropped. Such bargains are not binding on the court. Plea NegotiationNegotiations arrived at by the state and the defense for a fair disposition of the case and requiring approval by the court. PleadingsThe written statements of fact and law filed by the parties to a lawsuit. Presentence Investigation A background investigation of the defendant by the Department of Corrections, returnable to the sentencing judge on or before a certain date. PrisonPrisons are operated by state governments and the Federal Bureau of Prisons and are designed to hold individuals convicted of crimes.ProbationRelief of all or part of a sentence on the promise of proper conduct but is closely supervised by the state and the probation officer to ensure that this person is not violating any laws.Prosecutor A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute. Public defenderA court-appointed attorney for those defendants who are declared indigent. Release on Own Recognizance (ROR) In some cases (less serious crimes) a defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Only those with strong ties to the community (steady job, local family, and no history of failing to appear in court) are candidates for ROR.Remission Release from a debt, penalty, or obligation.Scoresheet Uniform guidelines for sentencing using points system mandated by the Legislature. Search WarrantAn order signed by a judge for probable cause that directs owners of private property to allow the police to enter and search for items named in the warrant. SentenceThe punishment ordered by a court for a defendant convicted of a crime. A concurrent sentence means that two or more sentences would run at the same time. A consecutive sentence means that two or more sentences would run one after another. TrialMany cases are often resolved through negotiations and plea-bargains. If you decide with your attorney to take your case to trial it should be noted that a case may require substantial investigation and preparation. This preparation can include your attorney reviewing all testimony and evidence provided. In trials a Judge will decide the questions of law and the jury will decide your innocence or guilt. While most criminal offenses entitle you to a trial by jury, it should also be noted that some criminal offenses are tried only by a judge.WarrantMost commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based. A warrant or arrest warrant is used in situations where the person has not appeared in court yet; the court orders the arrest of the defendant to bring the person before the court and to confer jurisdiction on the court over the person.Withhold of AdjudicationThe judge withholds a formal finding of guilt, essentially giving first-time offenders and those with a minimal prior criminal history a second chance by avoiding a formal conviction. ................
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