Florida criminal law glossary
Plain-English definitions of the terms used in Florida criminal cases. Select a term for more detail and related guides.
A
- Arraignment
- A defendant's first court appearance after formal charges are filed, at which the charges are read and a plea is entered (usually Not Guilty so discovery can proceed).
B
- Bond
- The security, in money or a surety’s guarantee, given to obtain release from jail while a case is pending, on the condition that the defendant returns to court and follows the conditions of release.
- Brady Material
- Exculpatory evidence the State must disclose to the defense under Brady v. Maryland (1963).
C
- Continuance
- A formal rescheduling of a court hearing.
D
- Deposition
- Out-of-court sworn testimony, recorded under oath, used during discovery to preserve testimony and assess witnesses.
- Diversion
- A program that lets an eligible defendant complete conditions, such as classes or community service, in exchange for the charge being dismissed. Pretrial intervention is one type.
F
- Felony
- A crime that Florida law makes punishable by death or by imprisonment in a state prison. Felonies range from third degree, the least serious, up to capital felonies.
- First Appearance
- The hearing, required within 24 hours of arrest for a person still in custody, at which a judge reviews probable cause, addresses legal representation, and sets the conditions of release.
H
- Hardship License
- A restricted driving privilege allowing travel for work, school, medical, and church purposes during a suspension.
I
- Implied Consent
- The Florida rule that anyone who drives in the state is deemed to have agreed to an approved breath or urine test after a lawful DUI arrest. Refusing leads to a license suspension and can be charged as a crime.
M
- Miranda Warning
- The warning officers must give before custodial interrogation, advising of the right to silence and counsel.
- Misdemeanor
- A crime punishable by a term in a county jail of not more than one year. Florida has two levels: second degree (up to 60 days) and first degree (up to 1 year).
N
- Nolle Prosequi
- A formal decision by the prosecutor to drop a charge.
P
- Pretrial Intervention (PTI)
- A Florida diversion program for eligible defendants, set out in section 948.08, Florida Statutes. It requires the prosecutor’s consent, and the charge is dismissed if the program is completed.
- Probable Cause
- The reasonable belief, based on facts, that a crime has been committed — the legal standard required for an arrest.
- Probation
- A sentence served in the community under supervision and conditions set by the court. If a condition is violated, the court can revoke probation and impose any sentence it could have imposed originally.
R
- Release on Own Recognizance (ROR)
- Release from custody without bond money, based solely on a written promise to appear at future court dates.
S
- Sealing
- A court order that makes a Florida criminal history record confidential and unavailable to the public. The record is preserved, and certain agencies can still see it.
V
- Voir Dire
- The jury-selection process in which attorneys and the court question potential jurors.
W
- Withhold of Adjudication
- A disposition in which the judge does not formally adjudicate a person guilty, usually while placing them on probation. The record of the case remains unless it is sealed, and Florida law limits withholds in felony cases.