Word of the Day

(D.R.O.P.) DUI REHABILITATION OF OFFENDERS PROGRAM

The Pinellas County and Pasco County State Attorney’s Office has instituted this supervised, comprehensive program for first time DUI and BUI offenders. This program requires the offender to complete certain DUI sanctions but is only offered if certain eligibility criteria is met. If eligible, the charge will be amended to a Reckless Driving and in some cases, adjudication will even be withheld.

PETITION

In a civil or probate case, a written document filed in the court, initiating the case and requesting a decision in a matter described therein. In an appellate case, a written document for filing a request to appeal or an original jurisdiction case.

AFFIDAVIT

A person who in some manner is connected with a crime, either before or after its perpetration, but who is not present at the time the crime is committed.

ACCESSORY

A person who in some manner is connected with a crime, either before or after its perpetration, but who is not present at the time the crime is committed.

OBJECTION

A statement by an attorney during a court proceeding opposing a statement by a witness or a piece of evidence.

SUSTAINED

The witness may not answer the question or the piece of evidence will not be accepted.

OVERRULED

The witness may answer the question or the piece of evidence is admissible.

ACCESSORY

Someone who intentionally helps another commit a crime.

SANCTION

Penalty for a wrongdoing. In a criminal case this can include a fine, community service, probation, incarceration etc.

OMBUDSMAN

One that investigates, reports on, and helps settle complaints

MITIGATION EVIDENCE

Mitigation evidence can have a huge impact on the outcome of a criminal case. We recently represented a University of South Florida PhD student who was arrested for DUI. The breathe sample that he provided made him ineligible for the diversion program which would have resulted in an automatic reduction of the charge from DUI to Reckless Driving. Instead, our office was able to provide the assistant state attorney with mitigation evidence. This evidence included our client’s college transcript, showing how he is excelling in school, and a character letter from his boss, showing he was a hard, honest worker, and that this incident was out of character for him. We were able to convey to the assistant state attorney who our client really was and not just the person they read about in the police report who made a huge mistake. Showing our clients character and remorse resulted in the Assistant State Attorney reducing the charge to a reckless driving. It is very important to have a zealous advocate on your side to present this evidence to the State.

TERRY STOP AND FRISK

An officer can conduct a brief stop and frisk or pat-down when the officer has reasonable, articulable suspicion that the person has been, is, or is about to be engaged in criminal activity.

ADJUDICATION WITHHELD

A manner of disposition in which the court does not pronounce a formal judgement of conviction.

VOIRE DIRE

French for “to speak the truth,” ; it is the process through which potential jurors are questioned by either the judge or lawyers to determine whether potential jurors would be suitable to be a juror in that case.

RES IPSA LOQUITOR

Latin for “the thing speaks for itself.” In tort or negligence cases, the plaintiff can create a rebuttable presumption of negligence by the defendant by showing that the injury would not normally occur without negligence, that the object that caused the injury was in the defendant’s control, and that there are no other reasonable explanations.

SUA SPONTE

Latin for “of one’s own will”; usually refers to a judge’s order made without either party requesting or motioning the court to do so.

BAIL/ BOND

Money, property, or surety bond that is paid to the Court to ensure a person attends all required court appearances. Bond allows an arrested person (defendant) to be released from jail until his or her case is resolved.

PLAINTIFF

The person that initiates a lawsuit against someone else.

DEFENDANT

The person, company, etc., that a lawsuit is brought against.

ADMISSIBLE

A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.

MISDEMEANOR INTERVENTION PROGRAM (MIP)

The Misdemeanor Intervention Program (MIP) is a diversionary program for first time offenders in Hillsborough County. A defendant can only enter MIP with the consent of the Office of the State Attorney.

REDUCING IMPAIRED DRIVING RECIDIVISM

The Hillsborough County State Attorney’s Office established the Reducing Impaired Driving Recidivism (RIDR) initiative. RIDR seeks to aggressively target and reduce impaired driving by imposing enhanced sanctions like alcohol monitoring devices and DUI education programs on first-time, non-aggravated DUI offenders. RIDR also promotes consistency in the prosecution of DUI cases by eliminating the incentive for offenders to refuse to provide a breath sample during investigation.

THE ADULT DRUG PRETRIAL INTERVENTION COURT (PTI)

A diversion program in Hillsborough County designed to give first time offenders facing drug charges a second chance. The PTI program requires the accused to sign a contract with Florida State Attorneys, agreeing to treatment for drug addiction and rehabilitation. In exchange, the state’s attorney office agrees to drop the charges against the accused if they follow through with their treatment and any other requirements outlined in their contract.

NOLLE PROSEQUI OR NOLLE PROS

A document the prosecutor files when he or she decides to no longer pursue charges against an individual. This results in a dismissal of the charge or charges. The Romans had a sophisticated legal system for their time and Latin was their language. It passed down even after the collapse of the empire in 467 AD and was preferred by the Church and the educated people of the era.

You can find more helpful terms on this glossary, property of Florida Courts.