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Adam L. Pollack, P.A.

Attorneys & Counselors at Law

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Orlando, Florida 32804

Tel.: 407.834.LAWS (5297)
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CRIMINAL DEFENSE DEFINITIONS

The following terms are commonly used within the legal field. Please note, that this list is not an exhaustive list of those terms and it is always advisable to consult with an attorney if you should have any doubts or do not see a legal term that you are looking for.

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P
Q | R | S | T | U | V | W | X | Y | Z

A

aggravated stalking - the willful or malicious following or harassment of another person during which there is made a credible threat with the intent to place that person in reasonable fear of death or bodily injury.

alien smuggling - providing assistance to any foreign alien to unlawfully enter or re-enter the United States.

asset forfeiture - divestiture of specific property without compensation.



B

battery - unlawful touching of another without that person's consent. Domestic battery occurs when an unlawful touching of another occurs within a domestic or home type setting.

boiler room - this is a phrase that is used to refer to a sales center for telephone sales where multiple salespeople are making sales over the telephone.

burglary - entering a building or occupied structure, or separately secured or occupied portion thereof, with the purpose of committing a crime therein, unless the premises are at the time, open to the public or the actor is licensed or privileged to enter.

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C

conspiracy to distribute - the unlawful agreement of two or more persons to disseminate or distribute drugs.

conspiracy to import - the unlawful agreement of two or more persons to bring an article from outside the United States into the United States.

conspiracy to possess - conspiracy is defined as an unlawful agreement between two or more persons to obtain an unlawful objective. With regard to conspiracy to possess, it is the unlawful agreement of two or more persons to either possess a drug or to possess the drug with intent to distribute it. Actual possession of the drug is not necessary.

crimes related to children - the use of the internet to solicit children or minors for illegal sexual contact and/or the display of child pornography or the solicitation of children for any unlawful purpose through the use of the internet.

criminal tax violations - the investigation and representation in potential income tax related problems including responding to an IRS Summons, responding to grand jury subpoenas for business, banking or financial records, criminal audits, IRS conferences, and criminal tax fraud indictments.

culpable negligence - failure to exercise that degree of care rendered appropriate by the particular circumstances, and which a man of ordinary prudence in the same situation and with equal experience would not have omitted.

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D

Department of Professional Regulation - (DPR) the administrative agency of the state which regulates, oversees, permits and/or licenses various professionals.

direct appeals - the appeal or review of a court or administrative agency’s final order.

distribution - with regard to drug crimes, distribution refers to the giving of drugs from one person to another with or without compensation.

domestic violence - criminal offenses that are included in .domestic violence. include simple battery, aggravated battery, assault, aggravated assault, sexual battery, child abuse, aggravated child abuse, stalking, aggravated stalking, manslaughter and murder committed within a domestic or home type setting.

drug crimes- These crimes generally relate to a violation of federal or state drug laws. These crimes usually carry minimum mandatory sentences that include fines, imprisonment or loss of driving privileges.

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E

embezzlement - the fraudulent taking of property by one lawfully entrusted with its possession.

extraordinary writs - a petition for an .extraordinary remedy. in contradistinction to the ordinary remedy by civil action, i.e. writs of mandamus, quo warranto, habeas corpus and others.

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F

false document possession or presentation - the possession or presentation of any false or fraudulent document including counterfeit passports, fraudulent Visas, fraudulent work permits, or any fraudulent application to the INS or any unlawful misrepresentation to the INS.

fraud - any scheme including advertising of bogus products, advertising of bogus services, promotion of illegal business practices or any use of the internet to defraud any individual or business.

Florida Bar Proceedings - applications for admission to the Florida Bar, review of denials of applications for admission to the Florida Bar, disciplinary proceedings including actions by the Florida Bar to sanction lawyers, suspend licenses or seek disbarment.

Florida Board of Medicine Proceedings - applications for licensing of doctors, review of denials of applications for licensing of doctors, disciplinary proceedings against doctors, and license renewal problems.

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H

healthcare fraud - this term is used to refer to any scheme or effort to make or attempt to perpetrate a fraud within the healthcare industry including but not limited to Medicare fraud, Medicaid fraud and any false claim with regard to any healthcare issue.

homicide - the killing of one human being by the act, procurement, or omission of another (murder).

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I

immigration consequences of criminal convictions - post conviction and/or collateral attacks on state and federal criminal convictions which have been relied upon by the immigration and naturalization service as a basis for deportation or exclusion from the United States.

immigration violations - these criminal offenses include illegal entry into the United States , unlawful re-entry into the United States , after deportation, the possession or presentation of any false immigration document, alien smuggling.

importation - the act of bringing an article from outside of the United States to within the United States.

indecent exposure - exposure to sight of the private parts of the body in a lewd or indecent manner in a public place.

internet crimes - criminal offenses that are committed on the internet which include, but are not limited to, fraud, pornography, sex crimes, identity theft and any other criminal offenses in which the internet is used.

interstate kidnapping - the forcible abduction, removal or carrying away of a person from his state of residence to another.

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L

leaving the scene of an accident - failing to provide legally required information and/or failing to render aid or assistance to injured persons after having been involved in an automobile accident.

licensing revocation proceedings - administrative proceedings taken by any administrative agency in which a license or permit is sought to be revoked.

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M

manslaughter - the unjustifiable, inexcusable and intentional killing of a human being without deliberation, premeditation and malice.

mail fraud - the transmission of any false or fraudulent claim or any document or item in furtherance of any scheme to defraud through the United States Postal Service.

misdemeanor - any criminal offense which is punishable by less than one year in jail.

mitigation of fines or forfeiture - both federal and state laws provide for application to be made to a Judge to reduce or even eliminate a fine or a forfeiture through a legal motion or petition entitled .Petition for Mitigation or Remission of Fine or Forfeiture.

mitigation of sentence - applications to a state or federal judge to modify, reduce or eliminate a sentence of incarceration, house arrest, probation and/or a monetary fine.

money laundering - this is a term that is used to refer to both engaging in financial transactions with proceeds from unlawful activity and the hiding or disguising of the proceeds of unlawful activity.

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O

opposition to motions for pre-trial detention - preparation of pleadings and hearings in order to obtain pretrial release (bond) when either a state or federal prosecutor seeks pre-trial detention (no bond).

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P

petition for remission - a petition to the Court requesting the release or extinguishment of a debt.

possession - is having control over a thing. The law, in general, recognizes two kinds of possession: actual possession and constructive possession. A person who knowingly has direct control over a thing, is in actual possession of it. A person who, although not in actual possession, knowingly has both the power and the intention to later take control over a thing, either alone or together with someone else is then in constructive possession. The law further recognizes that more than one person may have possession of any thing.

possession with intent to distribute - this phrase is used to describe a person's actual or constructive possession of a substance or drug indicating an intent to distribute. Actual distribution of the drug is not necessary.

prostitution - the act of performing, offering or agreeing to perform a sexual act for hire.

pornography - any criminal offense involving pornographic pictures or likenesses transmitted through the internet including but not limited to child pornography and electronic display of pornographic materials.

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R

reckless driving - the driving of a vehicle in willful or wanton disregard for the safety of persons or property.

re-sentencing - a hearing at which a state or federal judge is required to re- sentence a Defendant after the initial sentence of the Defendant has been set aside.

resisting arrest - actions taken by a person to avoid or impede a lawful arrest by a law enforcement officer.

restraining order - an order in the nature of an injunction which may issue upon filing of an application for an injunction forbidding the defendant from doing the threatened act until a hearing on the issue can be had.

robbery - felonious taking of money, personal property, or any other article of value, in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force, fear or violence.

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S

search warrants - an order in writing, issued by a Judge or Magistrate, in the name of the state or federal government, directed to a sheriff, etc., authorizing him to search for and seize any property that constitutes evidence of the commission of a crime, contraband, the fruits of or, property designated or intended for use or which is or has been used as the means of committing a crime.

seized assets - the taking or removal of something from the possession, actual or constructive, of another person or persons.

sexual battery (rape) - unlawful sexual intercourse with a female/male without her/his consent.

sex crimes - This category of offenses includes a wide array of criminal offenses including prostitution, improper or illegal solicitation of minor, sexual contact or attempted sexual contact with minors, rape, date rape, sex with incompetent persons, lewd and lascivious conduct, indecent exposure and sexual battery. In addition to imprisonment, offenders can be usually expected to register as sexual offenders with their state registry.

shoplifting - a word used to describe theft from a retail establishment which includes petty theft and grand theft.

stalking - the willful or malicious following or harassment of another person.

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T

theft - the act of stealing; the taking of property without the owner's consent.

trafficking - is generally used to describe distributing drugs or dealing in the business of drugs as well as being a legal term which is used in the Florida Criminal Code. Trafficking in a controlled substance in the State of Florida is made a crime by the amount of drugs involved. Cocaine offenses become a trafficking offense when 28 grams or more are involved. There are threshold amounts of all drugs that are listed in the schedule of controlled substances which, because of their amount, become trafficking. Various drugs which can be trafficked include: marijuana, heroin, PCP, Ecstasy, amphetamines, peyote, LSD, hashish, rohyphol (ruffies), etc.

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U

unlawful re-entry - the entering of the United States by any person who has previously been deported or expelled.

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V

vehicular homicide - homicide caused by the unlawful and negligent operation of a motor vehicle.

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W

white collar crimes- This is a term that is generally used to refer to non-violent, business related crimes like fraud, theft and conspiracies to commit fraud and/or theft in various business settings.

wire fraud - the transmission of any false or fraudulent claim or any document or item in furtherance of any scheme to defraud through the telephone lines.

wire taps - a form of electronic or mechanical eavesdropping where, upon court order, law enforcement officials surreptitiously listen to phone calls or other conversations or communications of persons.

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