In Florida’s criminal justice system, there’s an alternative to a full conviction called “adjudication withheld.” Basically, you plead guilty or no contest, but the court doesn’t actually enter a formal guilty verdict against you. This can sound like a good deal, but there are pros and cons to consider.
This article will provide a comprehensive adjudication withheld definition and explain how it works in Florida.
We’ll cover the process, who’s eligible, and the consequences you might face. We’ll also compare it to other possible legal outcomes so you can understand your options.
It’s important to remember that this information is for educational purposes only. If you’re facing criminal charges in Florida, you should always talk to a qualified Florida criminal defense attorney to get personalized legal advice about your specific situation. They can help you decide if withholding adjudication is the right choice for you.
Defining Adjudication Withheld in Florida
In the Florida legal system, you might hear the term “adjudication withheld.” What does this mean, exactly? It’s important to understand this concept, as it can significantly affect your future.
What is Adjudication Withheld?
An adjudication withheld is a sentencing option. Basically, even if you plead guilty or no contest to a crime, the court can choose not to formally convict you. It’s up to the judge’s discretion whether to grant this option. You might also hear the phrase “withhold of adjudication,” which means the same thing.
If the judge withholds adjudication, you’ll usually be placed on probation. As long as you successfully complete your probation, you typically won’t face any further penalties tied to the charge.
Adjudication Withheld vs. Conviction
Here’s a crucial point: Under Florida law, an adjudication withheld is not a conviction for many purposes. The Second District Court of Appeal clearly stated this in the case of State v. Menuto, 912 So.2d 603, 605–06 (Fla. 2d DCA 2005).
However, that doesn’t mean it’s a get-out-of-jail-free card. The impact of an adjudication withheld can change depending on the specific situation and the particular law in question. It’s definitely not the same thing as being found “not guilty.”
An adjudication withheld will still show up on your criminal record and during background checks. While it’s better than a conviction in many ways, it’s not a spotless record. The distinction matters, but it’s vital to be aware of what an adjudication withheld means for you in the long run.
The Process of Adjudication Withheld
Adjudication withheld is a specific outcome in a criminal case. It’s a legal nuance, so let’s break down the process involved.
Plea and Probation
Typically, adjudication withheld follows a guilty or no contest plea. This means the defendant admits to the facts of the case, but the court doesn’t enter a formal conviction on their record. Instead, the person is placed on probation.
Probation comes with terms and conditions that must be met. These can include things like:
- Regular drug testing
- Completing community service hours
- Avoiding contact with specific individuals
Successful Completion and Violations
To successfully complete probation, you have to stay out of trouble and fulfill all the conditions set by the court. That means remaining law-abiding, attending required meetings, and passing any necessary tests.
If you violate probation, there can be serious consequences. A violation could lead to:
- Probation revocation (meaning your probation is canceled)
- Imposition of the original sentence (the sentence you would have received had adjudication not been withheld)
- Potential jail time
Diversion Programs vs. Adjudication Withheld
It’s important to note that there are alternatives to adjudication withheld. One such alternative is a diversion program. Diversion programs are often offered for first-time offenders and involve completing certain requirements, like attending counseling or paying restitution. If you successfully complete a diversion program, the charges against you may be dropped completely.
Unlike adjudication withheld, some diversion programs don’t even require you to enter a guilty plea.
Eligibility and Ineligible Offenses
Whether or not you’re eligible to have adjudication withheld in Florida depends on the specifics of your case. The severity of the crime you’re accused of, as well as your prior criminal record, are the two biggest factors.
If it’s your first offense, you’re more likely to be eligible for adjudication withheld than if you’ve been convicted of crimes in the past. Also, any mitigating circumstances surrounding the crime — for example, if you were acting in self-defense — may make you a better candidate.
However, some crimes are simply ineligible for adjudication withheld, no matter the circumstances.
Offenses Ineligible for Adjudication Withheld
Generally speaking, the following types of felonies are not eligible for adjudication withheld in Florida:
- Capital felonies (crimes punishable by death)
- Life felonies (crimes punishable by life in prison)
- First-degree felonies (crimes punishable by up to 30 years in prison)
- Certain second- and third-degree felonies, especially those involving domestic violence
Florida Statute 948.01 outlines some of the specifics regarding eligibility for withholding adjudication. If you are facing criminal charges, it’s important to discuss your options with an experienced attorney who can help you understand how the law applies to your specific case.
Benefits and Drawbacks of Adjudication Withheld
So, is it better to have adjudication withheld? Like most legal questions, the answer is: it depends. There are both pros and cons to consider.
Benefits
The biggest advantage of adjudication withheld is avoiding a formal criminal conviction. This means you avoid the stigma and potential consequences that come with being a convicted criminal.
Some specific benefits include:
- Preserving your civil rights, like the right to vote (depending on the circumstances).
- Potentially sealing or expunging the record later, making it harder for the public to access.
- Maintaining your driving privileges in some cases.
As the Florida Supreme Court noted in Peters v. State, 984 So.2d 1227 (Fla. 2008), adjudication withheld allows for the rehabilitation of someone who committed a crime without formally branding them a convicted criminal. It’s a second chance of sorts.
Drawbacks
While avoiding a conviction is a major plus, adjudication withheld isn’t a complete eraser. It still leaves a mark.
The main drawbacks are:
- The adjudication withheld remains on your criminal record unless you take steps to seal or expunge it. Background checks will show the charge and its outcome.
- Adjudication withheld may not be recognized or carry the same weight outside of Florida.
- If you’re convicted of future crimes, the adjudication withheld could be considered, potentially leading to a harsher sentence.
Impact on Background Checks, Employment, and Gun Rights
While an adjudication withheld can be a good outcome, it’s important to understand how it might affect your life down the road.
Background Checks
An adjudication withheld will appear on most background checks. Even though you weren’t technically convicted, employers, landlords, and other organizations will be able to see the original charge and its final disposition. Be prepared to explain the circumstances surrounding the case.
Employment
An adjudication withheld can impact your employment opportunities, depending on the nature of the charge and the specific requirements of the job. When filling out job applications, carefully read the questions and understand how “conviction” is defined. Some applications may require you to disclose charges even if adjudication was withheld.
Also, keep in mind that certain federal employment opportunities might be affected by an adjudication withheld.
Gun Rights
An adjudication withheld can have implications for your gun rights, too. State laws regarding firearm ownership vary, so it’s crucial to understand the laws in your specific location. Depending on the offense, a withhold of adjudication might affect your ability to own or possess a firearm.
Furthermore, a withhold of adjudication could potentially affect federal employment or military service if firearm ownership is a requirement of the position.
Adjudication Withheld vs. Other Legal Outcomes
It’s easy to confuse “adjudication withheld” with other legal terms. Here’s how it differs from a few common outcomes.
Nolle Prosequi
A nolle prosequi means the prosecutor decides to drop the charges altogether. This is different from adjudication withheld. With adjudication withheld, you enter a plea, but the judge doesn’t formally convict you. Instead, you’re placed on probation.
Record Sealing and Expungement
Even though adjudication is withheld, the arrest and court records still exist. Fortunately, you may be able to have those records sealed or expunged, which means they’re removed from public view.
Sealing a record generally makes it inaccessible to the general public, but law enforcement may still be able to see it. Expungement, on the other hand, completely destroys the record (if you’re eligible for it). Sealing the record can also help reinstate certain rights that were lost due to the arrest.
Frequently Asked Questions
Will adjudication withheld show up on a background check?
Yes, an adjudication withheld will typically appear on a background check. While it’s not a conviction, the record of the arrest and the court proceedings leading to the adjudication withheld will still be visible. How it’s interpreted depends on the specific background check and the context, such as employment or licensing.
Does adjudicate mean guilty?
No, “adjudicate” does not mean guilty. When adjudication is withheld, it means the court has determined there’s sufficient evidence to find you guilty, but chooses not to enter a formal conviction. You might be required to complete probation or other conditions, but you’re not considered convicted of the crime.
Can I get a gun license with an adjudication withheld?
The ability to obtain a gun license with an adjudication withheld depends on the specific state and federal laws. Some jurisdictions may treat an adjudication withheld as a disqualifying factor, while others may not. It’s crucial to consult with a legal professional in your state to understand the specific regulations.
Does adjudication withheld show on driving record in Florida?
In Florida, an adjudication withheld for a traffic violation typically does appear on your driving record. It might not be counted as a conviction for points purposes, but it’s still part of your driving history and visible to insurance companies and other relevant parties.
Final Thoughts
Adjudication withheld is a great alternative to a conviction, but it can also have drawbacks. It involves pleading guilty or no contest, serving probation, and potentially getting your record sealed if you complete the terms of your probation.
Before you agree to adjudication withheld, it’s really important to talk with an experienced criminal defense attorney in Florida. An attorney can look closely at your case, let you know if you’re eligible for adjudication withheld, explain all the consequences, and guide you through the process.
You may believe that accepting adjudication withheld is the best way to put your charges behind you. In some cases, that’s true. However, it’s important to remember that adjudication withheld isn’t always the best solution. An attorney can help you weigh the pros and cons and make an informed decision. Be sure you understand all your options and all the implications before you make a decision that could affect your future.