Welaka Criminal Lawyer, Florida

A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called 'personal recognizance.' Only those with strong ties to the community, such as a steady job, local family and no history of failing to appear in court, are good candidates for 'OR' release. If the charge is very serious, however, OR may not be an option.

An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available alternatives. For example, a patient may give informed consent to medical treatment only after the healthcare professional has disclosed all possible risks involved in accepting or rejecting the treatment. A healthcare provider or facility may be held responsible for an injury caused by an undisclosed risk. In another context, a person accused of committing a crime cannot give up his constitutional rights--for example, to remain silent or to talk with an attorney--unless and until he has been informed of those rights, usually via the well-known Miranda warnings.

Listening to conversations or observing conduct which is meant to be private, typically by using devices that amplify sound or light, such as stethoscopes or binoculars. The term comes from the common law offense of listening to private conversations by crouching under the windows or eaves of a house. Nowadays, eavesdropping includes using electronic equipment to intercept telephone or other wire communications, or radio equipment to intercept broadcast communications. Generally, the term 'eavesdropping' is used when the activity is not legally authorized by a search warrant or court order; and the term 'surveillance' is used when the activity is permitted by law. Compare electronic surveillance.

An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal liability for the harm inflicted on the aggressor. For example, a robbery victim who takes the robber's weapon and uses it against the robber during a struggle won't be liable for assault and battery since he can show that his action was reasonably necessary to protect himself from imminent harm.

A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligated to answer the questions, and the fact that he has remained silent generally cannot be used by the prosecution to help prove that he is guilty of a crime. If the suspect has asked for a lawyer, the police must cease questioning. If they do not, they cannot use the answers against the suspect at trial.

A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crime (or fewer charges) than originally charged, in exchange for a guaranteed sentence that is shorter than what the defendant could face if convicted at trial. The prosecution gets the certainty of a conviction and a known sentence; the defendant avoids the risk of a higher sentence; and the judge gets to move on to other cases.

A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right from wrong. Defendants who are criminally insane cannot be convicted of a crime, since criminal conduct involves the conscious intent to do wrong -- a choice that the criminally insane cannot meaningfully make. See also irresistible impulse; McNaghten Rule.

Testimony or other evidence that fails to meet state or federal court rules governing the types of evidence that can be presented to a judge or jury. The main reason why evidence is ruled inadmissible is because it falls into a category deemed so unreliable that a court should not consider it as part of a deciding a case --for example, hearsay evidence, or an expert's opinion that is not based on facts generally accepted in the field. Evidence will also be declared inadmissible if it suffers from some other defect--for example, as compared to its value, it will take too long to present or risks enflaming the jury, as might be the case with graphic pictures of a homicide victim. In addition, in criminal cases, evidence that is gathered using illegal methods is commonly ruled inadmissible. Because the rules of evidence are so complicated (and because contesting lawyers waste so much time arguing over them) there is a strong trend towards using mediation or arbitration to resolve civil disputes. In mediation and arbitration, virtually all evidence can be considered. See evidence, admissible evidence.