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Frequent Questions
Glossary of Legal Terms
Legal Terms
1.
Acquittal - The judgment of a court,
based on the verdict of a jury or a judicial officer, that the
defendant is not guilty of the offense(s) for which he or she has
been tried.
ANNOTATION
This is a type of defendant disposition
which, when the acquittal is on all charges in the
case, terminates criminal justice jurisdiction over the defendant.
In statistics describing judicial activity it is a final court
disposition.
It should be noted that a not guilty verdict rendered
by a jury is equivalent to a judgment of acquittal because a jury
verdict of not guilty compels the court to acquit the defendant.
This equivalence does not exist in the case of guilty verdicts. A
judge can, when appropriate grounds exist, disregard a jury finding
of guilty and pronounce a judgment of acquittal.
Since acquittals can be arrived at by routes
significantly different with respect to impact on defendants and
prosecutorial and court workload, statistical presentations
generally distinguish between acquittals:
�
By
Jury trial resulting in a not
guilty verdict
�
By
Court
Nonjury trial or acquittal
pronounced by court notwithstanding jury verdict.
2.
Adjudication Withheld
- In
criminal justice usage, a court decision at any point after filing
of a criminal complaint, to continue court jurisdiction but stop
short of pronouncing judgment.
ANNOTATION
The usual purpose in stopping criminal proceedings
short of judgment is avoidance of the undesirable effects of
conviction, which effects can include both unnecessary harm to the
offender and unnecessary expense or harm to the public interest.
"Withholding adjudication," as defined here, places the subject in a
status where the court retains jurisdiction but will not re-open
proceedings unless the person violates a condition of behavior.
"Adjudication withheld" is an important category of
defendant dispositions. Those cases which receive what is sometimes
effectively a sentencing disposition but one occurring without
conviction.
3.
Certified Disposition -
The final disposition of
your criminal case that is stamped with the clerk’s stamp and signed
by the clerk. This disposition shows that your criminal case is
completely final. (needed to file
Application for Eligibility).
4.
CJIS -
Known as the Criminal Justice Information System.
This is the public database which anyone can go into to check on
someone's criminal history. Some counties have online access and
some do not. This is however a public database and anyone can go to
the courthouse for access.
5.
Clemency -
In criminal justice usage the name for the type of
executive or legislative action where the severity of punishment of
a single person or a group of person is reduced or the punishment
stopped, or a person is exempted from prosecution for certain
actions.
ANNOTATION
Grounds for clemency include mitigating circumstances,
post-conviction evidence of innocence, dubious guilt, illness of
prisoner, reformation, services to the state, turning state's
evidence, reasons of state, the need to restore civil rights, and
corrections of unduly severe sentences or injustices stemming from
imperfections in penal law or the application of it.
The chief forms of clemency are pardons (full and
conditional), amnesties, commutations, reduced sentences, reprieves
and remissions of fines and forfeitures. In actual use the meanings
of these terms overlap. For example, in some jurisdictions a
particular kind of pardon may be called "executive clemency," or a
given kind of commutation a "pardon." Informational definitions
emphasizing the basic distinctions that are usually, but not always,
made are as follows:
Full pardon
- An executive act completely and unconditionally
absolving a person from all consequences of a crime and conviction.
This act is sometimes called an "absolute pardon," and can imply
that guilt itself is "blotted out." It is an "act of forgiveness"
and is accompanied, generally, by restoration of civil rights.
American law tends to use this executive remedy, instead of judicial
proceedings, when serious doubt of guilt or evidence of innocence
arises after conviction.
Conditional Pardon
- An executive act releasing a person from punishment,
contingent upon his or her performance or non-performance of
specified acts.
Amnesty
- A
kind of pardon granted by a sovereign authority, often before any
indictment, trial or conviction, to a group of persons who have
committed offenses against the government, which not only frees them
from punishment, but has the effect of removing all legal
recognition that the offenses occurred. A "pardon" is distinct from
an amnesty in that the former applies to only one person, and does
not necessarily include the abolition of all legal recognition that
the offense occurred. An amnesty is sometimes called a "general
pardon" because it applies to all offenders of a given class, or all
offenses against a given statute or during a certain time period.
The sovereign authority may be executive or legislative.
Commutation (of sentence)
- An executive act changing a punishment from a greater to
a lesser penalty; in correctional usage, a reduction of the term of
confinement resulting in immediate release or reduction of remaining
time to be served; also, the change from a sentence of death to a
term of imprisonment. Commutation does not, generally, connote
"forgiveness." It is often used to shorten an excessively and
unusually long sentence. Commutation can occur with respect to
groups of prisoners, though with a different impact on the term of
confinement of each single prisoner.
Reduced sentence
- A sentence to confinement of which the time duration has
been shortened by judicial action; also, a reduced fine or other
material penalty. Reduction of sentence can occur at many process
points, beginning with the sentencing disposition after conviction.
Reprieve
- An executive act temporarily suspending the execution of
a sentence, usually a death sentence. A reprieve differs from other
suspensions of sentence not only in that it almost always applies to
temporary withdrawing of death sentence, but also in that it is
usually an act of clemency intended to provide the prisoner with
time to secure amelioration of the sentence.
6.
Conditional Release
- The release by executive
decision from a federal or state correctional facility, of a
prisoner who had not served his or her full sentence and whose
freedom is contingent upon obeying specified rules of behavior.
ANNOTATION
In this terminology the class "condition release"
includes only those in states where return to a prison can occur at
the discretion of an executive agency (usually, a
paroling authority) if the subject violated the stated
conditions of behavior. Releases by judicial authority, with return,
if any, also decided by court action, are not members of this class.
These latter are final exits from the state corrections perspective,
since all corrections agency jurisdiction over the subject is
terminated.
Conditional releases are defined here consist mainly
of releases to parole and
mandatory supervised releases. They are in contrast to
the category provisional exits where return
is expected. They are also in contrast to exits from prison to
probation supervision by a state agency and releases to probation
administered directly by a court. The latter is usually treated as a
final prison/parole system exit in state data.
7.
Discharge -
In criminal justice usage, to release from confinement or
supervision, or to release from a legal status imposing an
obligation upon the subject person.
ANNOTATION
This term is used with various meanings in criminal justice statistical publications, often without definition. Its use without qualifications is not recommended.
A "discharge" from prison or parole is most often,
though not always, understood to mean a final separation from the
jurisdiction of the correctional agency. "Discharge" from probation
may mean a satisfactory termination or a revocation of the probation
status. In court disposition data some kinds of sentencing
dispositions are sometimes called "conditional discharges," meaning
that the persons are released from punishment contingent upon
fulfilling obligations stated by the court.
8.
Dismissal:
�
In judicial proceedings
generally, the disposal of an action, suit, motion or the like
without trial of the issues; the termination of the adjudication of
a case before the case reaches judgment.
�
(recommended criminal
justice statistical terminology) - The decision by a court to
terminate adjudication of all outstanding charges in a criminal
case, or all outstanding charges against a given defendant in a
criminal case, thus terminating court action in the case and
permanently or provisionally terminating court jurisdiction over the
defendant in relation to those charges.
ANNOTATION
"Dismissal" or "dismissed" is a major descriptive
category in statistics concerning dispositions of cases and
defendants in court proceedings. Although dismissals can be
subcategorized by nature in various ways, they are usually presented
as a single category of case or defendant dispositions in
statistical reports. Dismissals and instances where the prosecutor
declines to pursue the case are often combined under the label
"dismissed/nolle prosequi" (see
nolle prosequi).
In criminal proceedings, a dismissal of a given charge or entire case can be initiated by motion of the defense or prosecution, or on the court's own motion. The common reasons for dismissals include insufficient evidence to support arrest or prosecution, evidence illegally obtained, errors in the conduct of the proceedings or failure to proceed as quickly as required, and failure of the jury to agree on a verdict.
With respect to the possibility of reopening the case,
dismissals with prejudice (no subsequent
prosecution possible) are distinguished from dismissals
without prejudice (reopening possible).
9.
Diversion:
�
In the broadest usage, any
procedure which (a) substitutes non-entry for official entry into
the justice process, or (b) substitutes the suspension of criminal
or juvenile proceedings for continuation, or (c) substitutes lesser
supervision or referral to a non-justice agency or no supervision
status for confinement.
�
Standards and Goals
definition: The official suspension of criminal or juvenile
proceedings against an alleged offender at any point after a
recorded justice system intake but before the entering of a
judgment, and referral of that person to a treatment or care program
administered by a non-justice or private agency, or no referral.
ANNOTATION
Definition (I) represents the actual span of usage of the
term though some of the included actions, such as probation instead
of confinement, are conventional alternatives to incarceration that
were employed before the term "diversion" was used in the justice
vocabulary.
Definition (II) is that recommended by the Task Force
on Corrections of the National Advisory Commission on Criminal
Justice Standards and Goals, (pages 73-4 of the volume Corrections,
issued January 23, 1973). It strategically narrows the meaning of
the term. The Commission's definition requires:
�
That
adequate grounds for alleging the commission of an offense exist.
�
That
an official system entry be recorded (arrest, referral to juvenile
intake agency or appearance in court).
�
That
judicial proceedings be halted or at least suspended after entry and
before judgment.
�
That
the alternative to continuation of proceedings be referral to
non-justice supervision of treatment, or no referral.
10.
FDLE -
FDLE is the acronym for the Florida Department of Law Enforcement.
FDLE provides the service through which criminal
records can be expunged sealed or expunged. FDLE is the Florida agency that
will review your application for Certificate of Eligibility.
11.
Misdemeanor -
An offense punishable by incarceration, usually in a local
confinement facility, for a period of which the upper limit is
prescribed by statute in a given jurisdiction, typically limited to
a year or less.
ANNOTATION
In most jurisdictions misdemeanors are one of the two major classes of crimes, the other being felonies.
I. A formal entry upon the record of the court, indicating that the prosecutor declares that he or she will proceed no further in the action.
II. The terminating of adjudication of a criminal
charge by the prosecutor's decision not to pursue the case, in some
jurisdictions requiring the approval of the court.
ANNOTATION
This action, also called "nolle" and "nol pross," is a
type of defendant disposition occurring
after filing of a case in court and before judgment. In felony cases
it often occurs after the initial complaint is filed in a lower
court, and before an information or
indictment is filed in a higher court.
In data presentations, dispositions by nolle prosequi
(viewed as prosecutor's dismissals) may be combined with
dismissals by the court in a single category
"dismissed/nolle prosequi." Where general comparisons between
dispositions of defendants and related court caseload activity are
needed, it is recommended that defendants whose cases are terminated
by dismissals or nolle prosequi prior to trial be counted separately
from those where the termination occurs after a trial has begun.
In some jurisdictions felony cases can be dismissed on
the prosecutor's motion in a lower court but filed anew in a higher
court. This can result in inflation of nolle prosequi counts in
court activity summary data, and because of variation in practice
can distort comparisons between courts or court systems. It is
recommended that practices relating to nolle prosequi be explicitly
noted in statistical data representations.
13.
Non-Judical Records-These are police records
(arrest form, incident reports, and any other reports generated by
the police, the department of corrections, and other non-court state
agencies like the Department of Highway Safety and Motor Vehicles).
14.
Plea
- In criminal proceedings, a defendant's formal answer in
court to the charge
contained in a complaint, information, or indictment, that he or she
is guilty or not guilty of the offense charged, or does not contest
the charge.
ANNOTATION
In relation to a given charge or case, the defendant may
enter different pleas at different stages of the proceedings. Court
and prosecutorial management information systems often provide for
recording of the nature of the plea at each stage.
With respect to sequence, the recommended terms are:
A.
Initial plea
(also first plea ) -
- The first plea to a given charge entered in the court record by or
for the defendant. The acceptance of an initial plea by the court
unambiguously indicates that the arraignment process has been
completed, and is therefore a better unit of count in reporting
criminal case or defendant flow than "arraignment," which as a
process is variously defined in different jurisdictions.
B.
Final
plea -
-
The last plea to a given charge entered in the court
record by or for the defendant.
When distinguishing pleas by nature of response, the major
types are:
C.
Not
guilty plea -
- A
defendant's formal answer in court to the charge(s) contained in a
complaint, information, or indictment, claiming that he or she did
not commit the offense(s) listed.
D.
Not
guilty by reason of insanity -
-
A defendant's formal answer in
court to the charge(s) contained in a complaint, information, or
indictment, claiming that he or she is not legally accountable for
the offenses listed in the charging document because insane at the
time they were committed.
E.
Guilty
plea -
- A defendant's formal answer
in court to the charge(s) contained in a complaint, information, or
indictment, admitting that he or she did in fact commit the
offense(s) listed.
F.
Nolo
contendere -
-
A defendant's formal answer in
court to the charge(s) contained in a complaint, information, or
indictment, stating that he or she will not contest the charge(s),
but neither admits guilt nor claims innocence.
Guilty pleas and nolo contendere pleas are in fact
usually combined into a single category in data systems and in
statistical presentations, since they have the same legal effect in
criminal proceedings. Both pleas can be followed by a judgement of
conviction without a trial or verdict, and by a sentencing
disposition. The pleas differ, however, with regard to their
potential use as evidence in any related civil proceedings. A guilty
plea in a criminal case can constitute evidence in a civil
proceeding that relevant facts have been admitted; a nolo contendere
plea cannot.
Contact Kissimmee Orlando criminal defense attorney
Will Corzo
or Sam Kohrs
to SEAL OR EXPUNGE YOUR
CRIMINAL RECORD.