COMMON QUESTIONS REGARDING CRIMINAL PROSECUTIONS What is a misdemeanor? Each jurisdiction throughout the United States defines what constitutes a misdemeanor in the jurisdiction’s statutory law. In the State of Florida the definition of a misdemeanor in Florida Statutes at Section 775.08. 775.08 Classes and definitions of offenses.--When used in the laws of this state: (2) The term "misdemeanor" shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year. The term "misdemeanor" shall not mean a conviction for any noncriminal traffic violation of any provision of chapter 316 or any municipal or county ordinance. What is a felony? Each jurisdiction throughout the United States defines what constitutes a felony in jurisdiction’s statutory law. In the State of Florida the definition of a felony in the Florida Statutes at Section 775.08. 775.08 Classes and definitions of offenses.--When used in the laws of this state: (1) The term "felony" shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in a state penitentiary. "State penitentiary" shall include state correctional facilities. A person shall be imprisoned in the state penitentiary for each sentence which, except an extended term, exceeds 1 year. What is a criminal traffic violation? A criminal traffic violation requires a mandatory court appearance and carries with it the possibility of jail time and enhanced financial penalties. While you may have only received a citation giving you notice of your criminal violation you have received much more than just a simple ticket. Seek legal counsel immediately. What does it mean when the court withholds adjudication? A withhold of adjudication means that the court has not entered a verdict on the record and this outcome may leave a defendant with certain opportunities such as a sealed or an expunged criminal record. What is a no contest plea? A criminal prosecution is commenced by the filing of formal charging document with the Clerk of Court. At arraignment the defendant is required to enter a plea on the record. There are three pleas that a defendant can enter at arraignment. By entering a not guilty plea a defendant is stating that he or she is going to require the state prove beyond a reasonable doubt that the defendant committed acts that constitute the necessary elements of a criminal offense. Entering a plea of guilty the defendant admits to the court that he or she has committed the offense(s) as charged. A no contest or nolo contendre plea says to the court that the defendant neither admits nor denies the allegations alleged by the state, but the defendant wishes to end the case without requiring the state to prove the allegation beyond a reasonable doubt. DISCLAIMER "The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience."