Withhold of Adjudication in Florida: Finding A Second Chance

If you’re facing a criminal charge in Florida, you’re probably worried about how this will affect your future. One uncharacteristic mistake can have devastating consequences on your career, your housing options, and even your ability to drive. After an arrest, the prosecutor will issue formal criminal charges that can severly effect your life and future. But what if there was a way to avoid a permanent criminal record? What if you could be found guilty but not get a criminal conviction at all?

Withhold of Adjudication in Florida allows individuals in the criminal justice system to have a second chance without a conviction. This means that even if you plead guilty or are found guilty of a criminal offense, you can still rebuild your life. It gives you the opportunity to move forward without the stigma of a criminal conviction.

So who qualifies for a withhold of adjudication in Florida?

What are the benefits of withholding adjudication?

As a criminal defense attorney in West Palm Beach, I often see good people mistreated by the criminal justice system. They often do not understand the legal complexities of their cases. An experienced defense lawyer will help you achieve the best possible outcome in court.

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What Does Withhold of Adjudication in Florida Mean?

Under Florida law, the state can withhold adjudication if someone takes a guilty plea, a no-contest plea, or is found guilty at trial. This decision means that the person does not receive a formal conviction. During sentencing a Florida judge has the discretion to enter an adjudication of guilt or to withhold adjudication.

The Florida legislature has given judges the authority to withhold adjudication, even when there are prior withholds or the defendant has a criminal history, if the court finds the decision to be a more constructive outcome than convicting.

If the state attorney's office requests an adjudication withhold for a guilty or no-contest plea the defendant has agreed to, the judge typically grants one.

This is especially helpful with felony cases. With a felony offense, the judge can withhold adjudication in certain circumstances and you won't receive a felony conviction or be considered a convicted felon.

Adjudication Withheld Definition

If a defendant is adjudicated guilty, he or she is formally convicted of a crime. If the judge withholds adjudication of guilt, the defendant avoids a formal conviction and receives probation as a sentence. If the court does not impose probation, a fine may be issued.

Benefits of a Withhold of Adjudication

Getting an adjudication withhold can be an appealing alternative to a conviction. This can avoid a lengthy govenment proceeding, going through a trial, and the court costs associated with prosecuting a criminal case. Benefits to withholding adjudication include:

• Avoiding the stigma that comes along with being a convicted criminal
• The ability to honestly answer “no” when asked about criminal convictions on a job application
• Retaining the right to possess a firearm
• Keeping your driver's license
• Avoiding issues with obtaining credit or renting an apartment
• Preserving civil rights such as voting
• Potential eligibility for sealing a criminal record

Adjudication Withheld vs. Conviction vs. Diversion Programs

Does adjudication withheld mean guilty? No.

Is adjudication withheld a conviction? No.

The defendant is not formally convicted of the offense if they complete probation successfully. Therefore, they will not have a criminal conviction on their record in Florida.

This is separate from a diversion program, which often involves a dismissal of charges when completed. Adjudication withheld is not as severe as a conviction. However, it is still worse than having charges dismissed.

If the defendant completes probation, adjudication withheld will keep their record clear. This is different from a conviction, where the defendant is declared guilty.

This is distinct from diversion programs, which often involve dismissal of charges upon completion. Having the adjudication of guilt withheld is preferable to a conviction, but is more serious than a diversion program. Withholding adjudication is different from dismissal. The arrest may still show up on certain criminal background checks.

The Legal Basis for Withholding Adjudication

Florida Statute Sections 948.01 and 921.0026 lay the legal foundation for adjudication withheld. These sections give a judge the power to decide not to give a final judgment and explain when this can happen. A withheld adjudication is a legal concept recognized by the Florida supreme court as a 

Section 948.01(2): Judicial Authority in Sentencing

This section gives judges the power to withhold adjudication if it's in the best interest of justice and society. This allows a judge to consider the unique circumstances of an person’s case.

Section 948.01(3): Conditions of Probation

This section details the specific conditions of probation that a judge can impose when adjudication is withheld. These conditions may consist of community service, participation in rehabilitation programs, restitution, and routine reporting to a probation officer. If the defendant successfully completes probation, the court refrains from delivering a formal conviction.

Section 921.0026: Mitigating Circumstances

This section provides a list of mitigating circumstances that can justify a deviation from standard sentencing guidelines. Factors that could affect a defendant's case include age, mental health, criminal record, and the likelihood of reoffending.

Eligibility for Adjudication Withheld

Who Qualifies for Adjudication Withheld in Florida?

Eligibility for adjudication withheld depends on elements like the seriousness of the crime and if it's the first offense. Withholding adjudication gives first time offenders a second chance if they are not expected to commit more crimes. Certain criminal cases however, are not eligible for this process. These examples include, but are not limited to:

• Multiple DUIs
• First-degree felony convictions
• Second-degree felony convictions
• Third-degree felony convictions, unless the defendant has no signification prior criminal history
• Capital felonies
• Domestic violence in the third degree

Judicial Discretion and Mitigating Factors

Judges are given broad discretion in deciding whether or not to withhold adjudication. Judges might take into account someone’s character, their criminal record, prior convictions, or standing in the community.

For example, a judge might withhold adjudication for a first-time drug possession charge. This can happen if the defendant has no criminal history and shows they are commited to treatment for substance abuse.

How Does a Withhold of Adjudication in Florida Work?

The standard progression of a criminal proceeding involves a plea deal or a trial. If this trial ends in a guilty verdict, the court proceeds to the sentencing phase.

However, under Florida law there is an alternative sentencing option. The defendant can plead guilty or no contest and then receive probation instead of a conviction. The defendant must comply with the terms of probation for a specified amount of time. The court can set probation terms such as:

• Regular reporting to a probation officer
• Anger management
• Substance abuse treatment
• Community service
• Restitution
• Maintaining employment
• Adhering to curfew times
• Travel restrictions
• No contact orders
• Drug and alcohol testing
• Upholding financial responsibilities

If the defendant has been found guilty at trial, the court has broad authority in the terms of a probation. The judge can reserve judgement if a plea deal is reached. The judge will then set probation conditions. Both the prosecution and the defendant must agree to these conditions.

Completing probation with adjudication withheld can restore civil liberties like voting and owning firearms. The restoration of these rights brings greater freedom and a sense of normalcy following this tumultuous process.

Limitations of a Withhold of Adjudication

Violation of Probation

To maintain a withhold of adjudication a defendant must adhere to all conditions of a probation. If there is a violation of probation, the withhold of adjudication will be withdrawn and the offender risks harsher penalties than he or she was originally facing. A conviction and formal sentencing could even be the next step taken by prosecutors.

Restrictions Outside Florida

The benefits of a withhold of adjudication end at the Florida state line. Federal law does not recognize withholds of adjudication and therefore views them as convictions.

Harsher Prison Sentences in the Future

When determining a sentence for any future crime convictions, a withhold of adjudication is viewed as a conviction.

Impact on Criminal Record

If a judge withholds adjudication, there is no conviction. However, it will still appear on a criminal record unless a court seals the record. People undergoing background checks should be ready to explain to their employer/landlord what a withheld adjudication is. This is an obscure term to many.

Employment Background Checks

Withholding adjudication doesn't result in a criminal record, but some background checks may still show that it was withheld.

Limitation on Sealing and Expunging Records

Not all records can be expunged or sealed, including domestic violence, kidnapping, aggravated assault, manslaughter, and sexual offenses. Even if offenders can expunge or seal charges, they may find the process challenging.

Florida Statutes 943.059 and 943.0585 outline the process and restrictions involved. Understanding these limitations is important to make informed decisions, so have an experienced attorney represent you.

Immigration Consequences

Section 101(a)(48) of the Immigration and Nationality Act states that a withheld adjudication is considered a conviction for non-US citizens.

Driving with a Suspended Driver's License

The Florida Supreme Court has ruled that withholds of adjudication for driving with a suspended driver's license is considered a conviction and 

Practical Steps for Those Facing Criminal Charges

1. A skilled defense attorney can assist you if the state accuses you of a crime. Your lawyer will help you understand the legal process and explain your options for avoiding a conviction.
2. Know the probation requirements before agreeing. Make sure you understand the rules and can follow them. These can include community service, treatment program attendance, restitution to victims, and regular contact with a probation officer.
3. If you finish probation successfully, you might be able to seal or expunge your record. This process can remove the charge from public view, offering additional protection when applying for jobs, housing, or education. However, the process is not automatic and requires a separate legal proceeding.

The Importance of Retaining Legal Counsel

Adjudication withheld may be your best option to avoid a criminal conviction.

If you have a chance to get acquitted at trial, you may want to decline adjudication withheld. This process offers defendants a path to avoid a formal conviction and the consequences that come along with one.

Navigating the legal system can be complex and overwhelming. If you are unsure if withholding adjudication is right for you, The Law Offices of Matthew Konecky can help. An experienced attorney can make all the difference in the outcome of your case.

Our firm specializes in criminal defense in Palm Beach Gardens and can provide you with trustworthy legal representation. We will guide you through this difficut time and ensure you receive the best possible outcome in your case.

If you're facing criminal charges in South Florida, contact us for a free consultation.

We are available 24/7.

Call us at 560-671-5995.