Florida Criminal Law Glossary

Definitions of 34 terms you will hear in a Florida criminal case, from arraignment to withhold of adjudication.

A

Acquittal
A verdict of not guilty at trial. An acquittal ends the case and the person cannot be tried again for the same offense. Learn more →
Adjudication of guilt
A formal finding by the judge that a person is guilty, which creates a conviction on the person's record. Learn more →
Arraignment
The first formal court hearing after charges are filed, where the defendant is told the charges and enters a plea. Learn more →
Arrest warrant
A court order, based on sworn probable cause, that authorizes police to arrest a person for a crime. Learn more →

B

Bench warrant
A warrant issued by a judge, usually after a person misses a court date or violates a court order. Learn more →
Bond
A financial guarantee that a person released from jail will return to court. Also called bail. Learn more →

C

Capias
A type of warrant issued after formal charges are filed when the defendant is not in custody. Learn more →
Constructive possession
Possession of an item, such as drugs or a gun, that is not on your person but that the State says you knew about and controlled. Learn more →
Criminal Punishment Code
Florida's felony sentencing system, which uses a scoresheet to calculate the lowest sentence a judge may impose. Learn more →

D

Deposition
Sworn questioning of a witness before trial. Florida is one of the few states that allows depositions in criminal cases. Learn more →
Discovery
The process through which the defense receives the State's evidence, such as police reports, video and lab results. Learn more →
Diversion
A program that lets eligible defendants complete conditions instead of being prosecuted, often ending in dropped charges. Learn more →
Downward departure
A sentence below the minimum calculated on a Florida felony scoresheet, allowed only for legally recognized reasons. Learn more →

E

Expunction
A court order that destroys most copies of a criminal record. Often called expungement. Learn more →

F

Felony
A crime punishable by more than one year in state prison. Florida felonies are third, second and first degree, life and capital. Learn more →
First appearance
A hearing within 24 hours of arrest where a judge reviews probable cause and sets bond and release conditions. Learn more →

G

Grand jury indictment
A formal charge issued by a grand jury. Required in Florida for capital offenses and for most federal felonies. Learn more →

I

Information
The formal charging document filed by the State Attorney in most Florida criminal cases. Learn more →

M

Mandatory minimum
A minimum prison sentence set by law that a judge generally cannot go below. Learn more →
Misdemeanor
A crime punishable by up to one year in county jail. Florida misdemeanors are first or second degree. Learn more →
Motion to suppress
A request asking the court to exclude evidence obtained in violation of a defendant's rights. Learn more →

N

No contest
A plea that accepts the consequences of a charge without admitting guilt. Also called nolo contendere. Learn more →
Nolle prosequi
A formal notice by the prosecutor dropping a charge. Learn more →

P

Pretrial intervention
A Florida diversion program for eligible defendants that usually ends with the charges being dropped. Learn more →
Probable cause
Reasonable grounds to believe a crime was committed. Required for an arrest, a warrant and most searches. Learn more →
Probation
Supervision in the community instead of, or after, jail or prison, with conditions set by the court. Learn more →

R

Release on recognizance
Release from jail on a promise to return to court, without paying bond. Learn more →
Restitution
Money a defendant is ordered to pay a victim for losses caused by the offense. Learn more →

S

Sealing
A court order that makes a criminal record confidential and hidden from most public view. Learn more →
Speedy trial
The right to a timely trial. Florida rules generally require trial within 90 days for misdemeanors and 175 days for felonies unless waived. Learn more →
Stand Your Ground immunity
Protection from prosecution for a person who lawfully used or threatened force in self-defense under Florida law. Learn more →

V

Violation of probation
An allegation that a person broke a condition of probation, decided by a judge without a jury. Learn more →

W

Withhold of adjudication
A sentence in which the judge does not formally convict the defendant, which can protect civil rights and allow sealing. Learn more →

These definitions are general information about Florida law and are not legal advice.