Florida Legal Glossary: Criminal Defense and Personal Injury Terms

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#Adjudication

A formal court determination of guilt. Adjudication is what triggers most collateral consequences of a criminal conviction (loss of civil rights, immigration consequences, professional licensing). A court that withholds adjudication declines to formally enter a guilty judgment despite a plea or finding, allowing the defendant to avoid certain consequences.

#Arraignment

The first formal court appearance after a criminal charge is filed, at which the defendant is informed of the charges and enters a plea of not guilty, guilty, or no contest. In Florida, defense counsel often files a written plea of not guilty and waiver of arraignment.

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#Bail / Bond

Money or other security posted to secure a defendant's release from custody pending trial, conditioned on the defendant appearing at all required court dates. Bond may be posted in cash or through a licensed bail bond agent who charges a non-refundable premium (typically 10 percent in Florida).

#Beyond a Reasonable Doubt

The standard of proof the State must meet to convict a defendant in a criminal case. It is the highest burden of proof in American law and requires the jury to be firmly convinced of guilt. It is not proof beyond all possible doubt, but it requires more than a mere suspicion or probability of guilt.

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#Capias

A judicial order directing a sheriff to arrest a named person and bring that person before the court. A capias is typically issued when a defendant fails to appear for a court date or violates the conditions of release.

#Comparative Negligence

Florida's system of allocating fault among multiple parties in a personal injury case. Under modified comparative negligence (effective March 24, 2023), a plaintiff found to be more than 50 percent at fault for their own injury generally cannot recover damages.

#Criminal Punishment Code

Florida's sentencing structure for non-capital felonies, codified at Chapter 921 and implemented through Florida Rule of Criminal Procedure 3.992. Each felony is assigned a level (1 through 10), and the scoresheet calculates the lowest permissible sentence based on the primary offense, additional offenses, victim injury, and prior record.

Fla. Stat. ch. 921; Fla. R. Crim. P. 3.992

#Cross-Examination

The questioning of a witness called by the opposing party. The opportunity to confront and cross-examine adverse witnesses is a core constitutional right under the Sixth Amendment Confrontation Clause.

#Culpable Negligence

A higher standard than ordinary civil negligence. Conduct showing reckless disregard for human life or for the safety of persons exposed to its dangerous effects. The required mental state for manslaughter by culpable negligence under Florida Statute § 782.07(1).

F.S. § 782.07(1) · See also: Manslaughter explained

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#Damages

Money awarded by a court to compensate a person for harm suffered. Compensatory damages cover actual losses (medical bills, lost wages, pain and suffering). Punitive damages punish particularly wrongful conduct and are available only in limited circumstances and subject to statutory caps under Florida Statute § 768.73.

#Discovery

The pretrial exchange of evidence between the State and the defense, governed in Florida by Rule 3.220 of the Florida Rules of Criminal Procedure. Discovery includes witness lists, written and recorded statements, expert reports, and physical evidence.

Fla. R. Crim. P. 3.220

#Diversion

A program that allows certain defendants, usually first-time offenders, to avoid prosecution by completing conditions such as community service, counseling, or restitution. Successful completion typically results in dismissal of the charges. Florida programs include Pretrial Intervention (PTI) and Drug Court.

#Downward Departure

A sentence imposed below the lowest permissible sentence calculated on the Criminal Punishment Code scoresheet. Authorized only when the court finds one or more of the statutory mitigators enumerated in Florida Statute § 921.0026, such as the defendant's role being minor or the defendant's need for specialized treatment.

F.S. § 921.0026

#DUI

Driving Under the Influence. Under Florida Statute § 316.193, operating or being in actual physical control of a motor vehicle while under the influence of alcohol or controlled substances to the extent normal faculties are impaired, or with a blood- or breath-alcohol level of 0.08 or higher. Penalties escalate with prior convictions, BAC level, and the presence of injury or death.

F.S. § 316.193 · See also: DUI manslaughter explained

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#Felony

A criminal offense punishable by more than one year in prison. Florida classifies felonies into capital (death or life), life, first-degree (up to 30 years), second-degree (up to 15 years), and third-degree (up to 5 years), with corresponding maximum fines of $15,000, $10,000, and $5,000 respectively.

F.S. § 775.082; § 775.083

#Field Sobriety Test

A series of physical and cognitive tasks administered by a law enforcement officer to evaluate possible impairment. The three Standardized Field Sobriety Tests recognized by the National Highway Traffic Safety Administration are the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. Performance is subjective and frequently challenged at trial.

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#Information

The charging document by which a state prosecutor formally charges a person with a felony or misdemeanor in Florida. The Information is filed by the State Attorney's Office and replaces a grand jury indictment in most non-capital cases. Capital cases require an indictment by a grand jury.

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#Mandatory Minimum

A statutory floor on the sentence a court must impose upon conviction of certain offenses. Mandatory minimums cannot be reduced through ordinary sentencing discretion and may not be served on probation. Common mandatory minimums in Florida include those for DUI manslaughter (4 years), drug trafficking by weight (3, 7, 15, or 25 years), and 10-20-Life for firearm offenses.

#Manslaughter

The unlawful killing of a human being without lawful justification, in cases that do not amount to excusable homicide or murder. Codified at Florida Statute § 782.07. The base offense is a second-degree felony. Aggravated variants apply when the victim is a child, an elderly or disabled adult, or a law enforcement officer.

F.S. § 782.07 · See: Manslaughter explained

#Miranda Warning

Required warnings given by police to a suspect in custody before interrogation, advising of the right to remain silent and the right to counsel. Statements obtained in violation of Miranda v. Arizona, 384 U.S. 436 (1966), are generally inadmissible against the defendant in the State's case-in-chief.

#Misdemeanor

A criminal offense punishable by up to one year in county jail. Florida classifies misdemeanors as first-degree (up to 1 year, $1,000 fine) or second-degree (up to 60 days, $500 fine).

F.S. § 775.082; § 775.083

#Motion to Suppress

A pretrial motion seeking to exclude evidence obtained in violation of the defendant's constitutional rights, such as evidence from an unlawful search, seizure, or interrogation. Granted motions can dismantle the State's case before trial.

Fla. R. Crim. P. 3.190(g) and (h)

#Murder

The unlawful killing of a human being with malice aforethought. Florida divides murder into first-degree (premeditated or felony murder, capital offense), second-degree (depraved mind, life felony), and third-degree (occurring during a non-enumerated felony, second-degree felony).

F.S. § 782.04

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#No Contest Plea

A plea, also called nolo contendere, by which the defendant accepts the consequences of conviction without formally admitting guilt. Often used to avoid civil liability admissions while resolving the criminal case. Treated as a conviction for most purposes.

#Nolle Prosequi

A formal decision by the prosecutor to drop a charge. A "nolle prossed" charge is no longer pending against the defendant and may, in some circumstances, be sealed or expunged from the defendant's record.

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#Personal Injury Protection (PIP)

Mandatory no-fault insurance coverage in Florida that pays a portion of an injured person's medical bills and lost wages after a motor vehicle accident regardless of who was at fault. Required minimum coverage is $10,000. PIP must generally be exhausted before pursuing certain claims against an at-fault driver.

F.S. § 627.736

#Plea Agreement

A negotiated resolution between the State and the defense in which the defendant agrees to plead guilty or no contest in exchange for charging or sentencing concessions. The court is not bound by the agreement and may reject it at the change-of-plea hearing.

#Probable Cause

A reasonable basis to believe that a crime has been committed and that the person to be arrested or whose property is to be searched is connected to it. The Fourth Amendment requires probable cause for arrests and search warrants. A lower standard, "reasonable suspicion," supports brief investigative stops.

#Probation

A court-ordered period of supervision in the community in lieu of, or following, incarceration. Conditions vary and may include reporting to a probation officer, drug testing, community service, employment requirements, and travel restrictions. Violation can result in revocation and imposition of the underlying sentence.

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#Restitution

Payment ordered by a sentencing court to compensate a victim for economic losses caused by the defendant's offense, separate from any fine imposed. Restitution is governed by Florida Statute § 775.089 and must bear a significant relationship to the offense.

F.S. § 775.089

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#Sentencing Scoresheet

A required document under the Criminal Punishment Code that calculates the lowest permissible sentence for a felony based on the primary offense, additional offenses at sentencing, victim injury points, and prior record. The score is converted to months of imprisonment using a statutory formula.

Fla. R. Crim. P. 3.992

#Speedy Trial

The constitutional right to be tried within a reasonable time after being charged. In Florida, Rule 3.191 of the Florida Rules of Criminal Procedure establishes specific time limits: 90 days for misdemeanors and 175 days for felonies from the date of arrest, subject to extensions.

U.S. Const. amend. VI; Fla. R. Crim. P. 3.191

#Stand Your Ground

Florida's statutory rule that removes the duty to retreat before using force, including deadly force, in self-defense in places where the person has a right to be. Codified at Florida Statute § 776.012 (force in defense of person) and § 776.013 (home protection).

F.S. § 776.012; § 776.013

#Statute of Limitations

The maximum time within which a legal action must be commenced. Florida's general personal injury statute of limitations is two years for negligence claims arising on or after March 24, 2023 (previously four years). Criminal statutes of limitations vary by offense and are tolled in certain circumstances.

F.S. § 95.11

#Subpoena

A legal order requiring a person to appear at a court proceeding, deposition, or to produce documents. A subpoena duces tecum requires production of specified records or items.

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#Voir Dire

The jury selection process. Attorneys for both sides question prospective jurors to identify bias, prejudice, life experience, or other grounds for challenge. Each side may strike a limited number of jurors peremptorily and an unlimited number for cause.

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#Withhold of Adjudication

A Florida sentencing option in which the court does not formally adjudicate the defendant guilty despite a plea or finding. Often allows the defendant to avoid certain collateral consequences such as loss of civil rights and may preserve eligibility for sealing the record. Not available for all offenses (for example, capital, life, and most second-degree felonies).

F.S. § 948.01; § 775.08435

#Wrongful Death

A civil cause of action under the Florida Wrongful Death Act, brought by the personal representative of a deceased person's estate to recover damages for losses suffered by surviving family members. Recoverable damages include lost support, lost companionship, mental pain and suffering, and medical and funeral expenses.

F.S. § 768.16 et seq.

Florida Legal Glossary

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