Some Definitions

Court Clerk: The Court clerk keeps all the information about cases—criminal or civil. They are the “middle-man” between the public (you and I) and the actual court (the judge).  They also keep records (county recorder) of real estate, wills, trusts, etc.

Prosecutor:  A prosecutor is an attorney with a badge.  The police put you in jail, but the prosecutor can keep you there.  They have “discretion” and push your case as hard as they want or he or she can even dismiss your case for a good reason.  He or she represents the State in Florida (State Attorney), the Commonwealth in Kentucky (Commonwealth Attorney), and the People in California (Remember the “People” v. O.J. Simpson?).  In New York, they are called District Attorney’s because states are divided into different “Districts”.

 

Jurisdiction:  This always comes up in the movies when you see local police and the FBI arguing about whom is in whose jurisdiction. The FBI and the US Attorneys (prosecutors) can arrest and prosecute anywhere in the US or its territories.  State Police can arrest anywhere in the state, but City, County, local police and Sheriffs usually arrest in their “jurisdiction”.  Likewise, the US Supreme Court has a lot more jurisdiction that your local county court. The International Criminal Court has “World” Jurisdiction.

 

Intent/knowledge:  Some crimes require that you knew you were committing a crime.  For example, if I don’t manage my bank account very well and write a check that bounces or try to use a debit card with insufficient funds, I may be just careless and not a criminal.  Careful though, for many crimes it doesn’t matter if you knew you were committing a crime or not.  A good example would be being in park late at night and you didn’t know you were supposed to leave by sunset or 10 PM.

 

Felony:  You can be sentenced to prison for longer than a year.  There can also be fines and probation after you get out.

 

Misdemeanor:  This means you can be sentenced to prison up to a year.  There can also be fines, probation, etc.  A 365 day sentence is a year, but the defendant could be sent to state prison rather than staying at the local county jail.  A 364 day sentence should keep the defendant in County (local) Jail—unless, there is a mistake or overcrowding.

 

Sentence:  The punishment. It could be jail-time, fines, court costs, restitution (paying for property that was stolen or damaged) and probation.

 

Probation: Could mean reporting to a probation officer, counseling, community service, drug testing, restricted driver’s license, restraining order, limited travel/movement, community service, ignition interlock, driver’s license suspension, staying at a drug/alcohol treatment facility, etc. The sentence could be one of the above, or any combination.  If you are on probation and you violate it “willfully and substantially”, there is a good chance you could go to jail instead of staying on probation.

 

“Civil” Infraction or Violation:  This means you violated a law, but it is not criminal, but if you ignore it because you think it’s no big deal, then it can become a crime later.  How? Let’s say you were speeding and don’t pay the fine, or hire an attorney to help you and your driver’s license gets suspended.  Driving on a suspended license is a misdemeanor and you will get arrested if caught.

 

Contempt of Court or Failure to Appear:  You did not go to court and the judge issued an arrest warrant.  If you know you have a warrant for your arrest or remember you were supposed to be in court, contact an attorney and he or she might be able to make the bench warrant “go away” and get you a new court date. Have a very good excuse and proof of a good excuse.

 

Reasonable Suspicion:  “Reasonable” gets thrown around a lot in legal circles and basically means that you could expect most everyone to come to the same conclusion.  For example, most people would agree that 1 year in jail for jaywalking is not reasonable. You can’t be arrested for reasonable suspicion alone, but you can be stopped, asked questions and patted down or “frisked”.

 

Probable Cause:  You can be arrested and searched.  The officer must have a reasonable belief that a crime has been committed or is being committed.

 

Common Misdemeanor Criminal Charges

Assault:  You don’t have to touch anyone to get arrested. You can be arrested for showing someone your fist, stepping up and getting in someone’s face, telling them, “I’m going to kick your ____.”, or throwing something at them and missing.  Oftentimes, the defendant who gets arrested is just defending themselves and they end up getting arrested.

 

Bad Checks or Debit Card Orders (Less than $150): This is self-explanatory also, but it goes back to Intent that I talked about a little above.  Did you know that you did not have enough money in your account?  Also, most everybody as overdrawn, so why are they after you?

 

Battery:  You don’t have to punch or push someone to get arrested.  It can be snatching something from someone’s hand, pulling on their book-bag or clothes, grabbing and stopping their bicycle while they are on it, beating their car while they are in it (a little harder to prove), or throwing something and hitting someone.  Like assault, sometimes the person defending themselves is the one who gets arrested.

 

Boating Under the Influence (BUI):  motorboats, sailboats, Jet Skis, Seadoos, and airboats are obvious no-no’s, but don’t forget paddle-boats that you “row” by pedaling with your legs, or canoes, kayaks or rowboats—it might be lame to get arrested, but it could happen.

 

Carrying a Concealed Weapon: not a firearm, that is a felony—the common weapons: knives, maybe a martial arts weapon or a tool that could be weapon, also.  It does not matter if it is not yours or you forgot you had the weapon on you. Really, your only defense is that you were unlawfully searched by the police, if possible.

 

Criminal Mischief:  This is really damaging or defacing something that does not belong to you; spray-painting graffiti is a good example.  As a law student, I helped defend a teenager charged with this.  Really, he was just running around late at night and was arrested because a police officer had told him to “go home” earlier.

 

Disorderly Intoxication:  This is really disorderly conduct, but you happen to be drunk also. You can be arrested for endangering someone, or property, or causing a public disturbance.  If you are drunk or on something at a party, game, or mall, and no one else is laughing, politely leave, but don’t drive!

 

Domestic Violence:  This can get messy.  First, you don’t have to be married to be prosecuted; second, there are lots of false accusers who don’t get punished; third, the person who was defending themselves and gets injured might be the one that gets arrested and charged.  A common example is boyfriends and girlfriends or fiancés that live together. It’s also very difficult to get bonded out of jail.

 

Driving with a Suspended License or Without a Valid License:  This is pretty simple to understand, but not so simple to defend.  If you have a good driving record and can prove that there was an honest mistake made by you—or even better—by the Department of Motor Vehicles or Transportation Cabinet, then you have a chance. A suspended license means you had a license and you can’t drive for awhile.  An invalid license either means you never had one to begin with; your licensed has been revoked (taken away for good); or don’t have the right type of license for the vehicle you are driving—say a motorcycle, or very large truck.

 

Drug Possession (Schedule 5 narcotics—some stimulants and pain-killers): This is the same situation as marijuana possession—it may not be yours and you may not have known it was there, but it assumed to be yours so the defendant and his attorney have to change the mind of the judge or the jury to convince them that it was not yours. You have to also keep an eye on your driver’s license if you are charged with this.

 

DUI’s:  The punishment (the “sentence” given by the judge) is designed to be a pain so that the defendant will not do it again. This is because society does not want a drunk driver to kill someone or himself.  DUI’s are complicated legally and politically. Keep in mind that they are difficult to defend for the defense attorney because many people have driven after drinking.  For example, if you were on a jury, and the defendant said, “I wasn’t drunk”, you might not believe him because chances are; even if you have not done it, then you probably know someone who has.  So, if you go to trial on a DUI, you may be found guilty by a juror who drinks and drives themselves. Even though it is easy to drink and drive because liquor is legally sold everywhere; cabs are expensive and sometimes hard to find; though you may have to pick up the car the next day; though it is too far to walk; there are no subways or trains, etc.—still, just don’t do it and don’t go somewhere where you may not be able to leave.  By the way, a 3^rd DUI can be charged as a felony—even if it was in a different state a very long time ago.

 

Harrassing Phone Calls: Self-explanatory. But, what if someone was using your phone to call and harrass someone?

Giving False Name to Law Enforcement Officer: self-explanatory. Did you deliberately give the officer a false name, or was it a misunderstanding? If you have a very unusual, long, or hyphenated name, it is possible that it was a misunderstanding, but you better be able to back it up because this is a 1^st degree misdemeanor.

 

Lewd & Lascivious conduct:  I was 17 and staying over at a friend’s apartment. He lived on the second floor with his mother.  They woke me up one Saturday morning yelling for me to come to the balcony window.  We looked out, and there was a man touching himself while watching a woman sunbathe.  It was August, very sunny, and not a cloud in the sky.  The man kept running from tree to tree and getting and into his BMW and driving around from one side of the parking lot to the other trying to get a better view.  That was over 20 years ago, and was definitely lewd and lascivious conduct.

 

Loitering or Prowling: Loitering (hanging out) is vague, so it coupled with prowling (for mischievous), so it’s easy to arrest and charge someone—especially teens-- with hanging out, roaming around, and not spending money.

 

Minor in Possession of Alcohol:  I drank in France when I was 15 just because I thought, “You can’t do this in the US.”  To defend, you would have to show that you did not know you had alcohol.  Maybe a friend knows you don’t drink or don’t like alcohol and thought it would be funny to tell you it was just orange juice, but gave you a screwdriver (orange juice and vodka).  Or, maybe your friend saw an officer walking towards him and said to you, “Here, hold this, I have to go to the bathroom.”  Guess whose alcohol it is now?

 

Municipal Ordinance Violations:  These misdemeanors are not as common and depend on what the local ordinance is.  An example might be being in a public park after sunset, or after a certain time—like 10 PM.

 

Possession of Marijuana/ Drug Paraphernalia:  This can happen when you borrow someone’s car and they didn’t tell you that they left their “stuff” in the car and you get pulled over.  The problem is the law assumes that you knew it was there—even if you didn’t know it was there. Worst of all, your driver’s license can be suspended. Again, the defendant and his attorney have to provide evidence that you did not know it was there and it does not belong to you. If you seem like a responsible person and this is your first criminal charge, then your odd are better.

Probation Violation: Take notes, keep a log, diary, journal--or whatever you want to call it--and keep records of your attendance at counseling meetings and the times you tried to call to say you would be late or could not make it. Sending emails is a better approach. It’s not an excuse to miss meetings, it is just that counselors and their assistants don’t always keep good records and may say you were not there when you were. Get written permission to miss a meeting beforehand! Some probation officers don’t have telephones, but no answering machines—in other words they can call you, but you can’t call them.

 

Prostitution: This applies to the prostitute and the “John”.  Your best bet would be prove that you did not know he/she was a prostitute and no offers had been made, but easier said than done.  If she is wearing very skimpy and revealing clothing, standing on a corner, and you approach her in your car, be wary of video surveillance and lady police officers who disguise themselves.

 

Racing:  I used to drive fast in my car and I don’t ride motorcycles anymore, but sometimes you get into situations where you decide that it would be better to accelerate because you feel yourself “surrounded” by other drivers who don’t seem to mind crowding, tailgating or just not paying attention. If your two-wheeled vehicle tops out a little over 400 lbs., it is especially nerve-racking.

 

Reckless Driving: This is a misdemeanor, not a civil infraction or traffic violation. Hope that the officer did not have a camera in his car if you were indeed driving reckless.  Reckless has some intent to it. It is not the kind of intent like planning to commit a crime one week from today, but it’s more like the kind of intent where you know what you are doing, but you just don’t care. However, maybe someone cut you off or swerved into your lane and you had to move, then you were spotted by the police.

 

Resisting an Officer without Violence:  Like many criminal charges, it’s your word against the police officer’s, and what is resisting without violence anyway?  Well, that really depends upon what the officer deems to be resisting.  Florida law says resisting arrest also means obstructing or opposing.  Does that mean that you are resisting arrest if an officer says, “You are under arrest, get out of the car.” and you ask, “What did I do?”

 

Petit theft/Shoplifting:  The worst part is that if you are convicted or plead guilty, it will be very difficult to get a job because no one will hire you if they think you will steal from them. You would have to prove that you thought you had paid for the item(s) or that you accidentally walked out of the store and forgot to pay. I’ve accidentally walked out of a store without paying, but I went back in to pay.

 

Trespass:  A “No Trespassing” sign does not have to be posted. You just have to be on someone’s property without permission.  Or, if some allows you on their property, asks you to leave, and you refuse, that is also trespassing.  It’s common for someone to get kicked out of a nightclub by bouncers and arrested by the police for trespassing.  The problem is the nightclub allowed you in and the bouncers didn’t ask you to leave, they just grabbed you and threw you out. Another situation could be you went to a party that your friend told you about, the host asks you to leave, and now you have had too much to drink and cannot drive.

 

Sale of Alcohol to a Minor or Minor purchasing Alcohol:  This is self-explanatory. You have to be careful, that “older” looking minor may be a police officer, or may have been sent by a police officer, or by Florida’s Division of Alcohol Beverages and Tobacco.  Young people should be concerned about borrowing friends’ driver’s licenses to appear 21. The real problem is that nightclubs don’t seem to mind letting in minor girls wherein there are many older men who assume the young lady is 21 and not a minor.

 

Violation of Restraining Orders:  If you have a restraining order, you probably knew about it, and you might be on probation. Don’t fall for the trick where someone says, “I forgive you, you can come over and visit.”, then they call the police on you.

 

Other Criminal Misdemeanors Related to Driving

Violation of Driver's License Restrictions

Leaving the Scene of an Accident (Hit and Run)

Expired Tag (vehicle registration): If you own or lease a vehicle, these are renewed once a year on your birthday.

Attaching Tag (vehicle registration) Unassigned: Borrowing or stealing some else’s license plate for use on a different vehicle.

Habitual Offender Violations

Permitting unauthorized person to drive: Allowing someone without a valid license to drive.

Unlawful Use (Display) of Driver’s License: Presenting a license that is not you or invalid in some other way.

Driving with an expired driver’s license.

False Report

Common Moving Violations or Civil Infractions Related to Driving

 

Simple Speeding (not 40 mph over the speed limit)

Careless Driving: Not paying attention, no using turn signals, braking at the last minute, using cell phone, etc.

Aggressive Careless Driving (Example: Speeding and Following too closely)

Violation of Traffic Control Device

Non-payment of tolls (Sunpass)

Violation of Right Away (not yielding)

Improper Lane Change: Cutting to close, not using turning signal, quickly switching lanes, looking for the “fast lane, etc.

Improper Passing:  Cutting to close, not using turn signal, accelerating fast, then braking hard, etc.

Running Red Light

Running Stop Sign

Spectator to Street Racing

Following too closely

Failure to Carry Driver’s License, Registration, or Insurance