Julia G. Baginski, P.A.

Criminal Defense Trial Attorney

133 S. 2nd Street                 Office 772-466-0707
Suite 101                           Fax 772-466-0907
Fort Pierce, FL 34950         Toll-free 877-466-0707

Terms you need to know

1.     “Arraignment”  The arraignment is really just an administrative hearing when you will be formally charged with a crime and asked to respond by pleading guilty, not guilty or no contest.  Most of the time attorneys prefer their clients to plead not guilty at the arraignment because the plea can always be changed later depending on what the attorney discovers during his or her investigation.

2.     “Arrest”  Where the police detain a person in any way that makes it clear that they are not free to leave.  Before the police can ask you any questions about your involvement in or knowledge of a crime, they must read you your "Miranda warnings" and tell you that you have the right to remain silent and that you have aright to speak with an attorney before you answer any questions.

3.     “Bail”  Bail is money that is given to the Court to hold while your case is pending to guarantee that you will show up to court when you are supposed to.  You are allowed to post bail while your case is pending except in cases of first degree murder and violation of probation.  The amount of bail usually depends on the local bail schedule which is based on the seriousness of the crime you are charged with.  The judge may lower the bail amount if your attorney shows that you are unlikely to run (for example, that you have strong ties to the community by way of a steady job, family etc.)  You can get all of your bail money back at end of case.

4.     “Bail Bond”  Money that is given to the court by a "bondsman" to guarantee that you will show up to court when you are supposed to.  A Bondsman is a person who charges a fee (usually 10% or 15%) for posting the bond.  If you do not appear in court when you are supposed to, the bondsman may lose his or her money or property.  Usually, the bondsman will look for you and bring you back to court, forcefully if necessary, in order to get their money back.

5.     “Charge”  A formal accusation of criminal activity.  The prosecutor decides on the charges after reviewing police reports, witness statements and any other evidence of wrongdoing.  Formal charges are announced at the Arraignment.

6.     “Plea”  The defendant's formal answer to criminal charges.  

7.     “Plea Bargain”  A negotiation between your attorney and the prosecutor.  The defendant usually pleads guilty to a lesser crime or fewer charges in exchange for guaranteed sentence that is shorter than what you could get if convicted at trial.