The following questions are the most frequently asked by those who are unfamiliar with our court system here in the Eleventh Judicial Circuit of Florida that is Miami-Dade County. 

I hope this information provides you with the knowledge you need in order to better understand the terminology and complexities of our criminal court system.  For more information, I invite you to visit our website at www.miamisao.com.

What is an indictment?
It is a document known as an affidavit that is completed by a grand jury or prosecutor charging a person with a crime.

What is a misdemeanor?
It is a minor offense that must go to trial within 90 days.  It must also be tried in County Court and could lead to a maximum sentence of one year in the county jail upon conviction.

What is a felony?
This is a major offense that must go to trial within 180 days.  It must be tried in Circuit Court and could lead to a fine, probation, and/or imprisonment in a state institution depending on the crime.

What is a capital crime?
These are crimes charged by Indictment by a grand jury.  Capital crimes require 12-member juries at trial and could lead to life imprisonment or a death sentence upon conviction.

What is bail?
A security given to assure that a prisoner will appear and answer in court, it is required for release until trial.  Bail can be obtained from a bail bondsman, currently at a fee of 10 percent of the court- imposed amount.  Collateral used as security will be returned at the close of the case.

What is bond?
This is a document proving that bail is paid and serves as a signed promise to appear in court.

What is a speedy trial?
It limits the time between arrest and trial.  For misdemeanors, it is 90 days or less and for felonies, six months or less.  An individual charged with a crime (a defendant) can waive his right to a speedy trial if he/she so chooses.

What is jury duty?
County residents have a legal obligation to serve as a juror in a court proceeding when your name has been selected.  Juries are selected randomly from the Department of Motor Vehicle files.

What is a petit or trial jury?
Usually 6 jurors, although 12 are required in cases involving capital crimes and eminent domain (the right of government to take private property for public use).

What is a county grand jury?
18 to 21 members chosen from Department of Motor Vehicle files who investigate, inquire, and issue reports on matters of great public importance.  They also decide indictments in capital cases and their term of service is about six months with sessions usually held once a week.

What do I do if I cannot afford a lawyer?
Judges appoint a public defender or private lawyer in all criminal cases heard in the circuit court (felonies) if the defendant is determined by the court to be unable to afford to hire an attorney.  A county court judge may only appoint a public defender or private lawyer to represent an individual charged with a misdemeanor crime when the State of Florida is seeking a jail sentence upon conviction.  In civil cases (law suits for injuries to body, property or reputation), you are not eligible to have a free attorney appointed to assist you.  You can find legal help through the Dade County Bar Association or through a lawyer referral system.







by Miami-Dade State Attorney
Katherine Fernandez Rundle