If you have had contact with the criminal justice system in Florida, then you may be familiar with the term "withhold of adjudication". It is a term that is spoken in court all the time, however in reality many people are unfamiliar with the meaning of the term. A withhold of adjudication essentially means that the court is accepting a resolution to a criminal case without convicting the defendant of any crime. This spares the defendant from the collateral consequences of a criminal conviction and enables them to continue answering "no" in most circumstances on an employment application which asks if a person has ever been convicted of a crime. A withhold of adjudication is most often offered by the State Attorney's Office as a component of a negotiated resolution if a defendant has had limited prior contact with the criminal justice system in the past. If a case proceeds to a trial and a defendant is convicted, then a withhold of adjudication is no longer possible because the defendant has been legally convicted of the charge. A withhold of adjudication is often utilized as an enticement to accept a negotiated resolution from the State Attorney's Office. A withhold is often viewed as a sort of reward for sparing the court from having to expend resources for a trial. Criminal trials often take a full day and sometimes much longer, so the Florida courts and the State Attorney's Office often prefer that a case resolves via a negotiated resolution as opposed to a conviction following a trial. Procuring a withhold of adjudication as a component of a negotiated resolution further enables the defendant to enter into a "nolo contendre" or "no contest" pleas as opposed to pleading guilty or being convicted of the charge.
There are many criminal offenses in Florida for which a conviction carries with it certain consequences that are not triggered when a withhold of adjudication is ordered by the court. For example,
Florida Statute 322.055 imposes a mandatory one year driver's license suspension for anyone who is convicted of a drug charge. A conviction for any domestic violence crime in Florida no matter whether is a misdemeanor or a felony renders a person unable to own a firearm. If a conviction is avoided, however because the court withheld adjudication in the case, then the collateral consequences such as those mentioned previously are avoided. Whether or not a court withholds adjudication in a case is most important in felony cases. A withhold of adjudication allows for a criminal defendant to be able to resolve a felony case without them becoming a "convicted felon". A convicted felon in Florida forfeits certain right and can have a very difficult time securing employment. A court may only withhold adjudication in a case when jail or prison is not being imposed by the court. Probation is the only possible sentence that can be imposed when a court withholds adjudication in a case. It is important to note though that in order for a person to preserve the withhold of adjudication required for their criminal record to be sealed, that they must successfully complete the term of probation imposed by the court. If probation is revoked, a withhold of adjudication is automatically converted to a conviction by operation of law.
If a person has had little previous contact with the criminal justice system, then their criminal case may be eligible to be sealed if the court orders that adjudication be withheld in their case. A case for which a person has been convicted cannot be sealed or expunged in Florida. Under almost all circumstances, a conviction in Florida remains on a person's permanent criminal record for the rest of their life. If a case is sealed, then it is no longer a public record and will not be visible to the public or to prospective employers under most circumstances. An individual can also legally deny that an arrest occurred if the case was sealed. Record sealing allows for a person to continue on with with their life without being held back from career advancement due to a criminal conviction.
Florida courts are statutorily not permitted to order that adjudication be withheld in any case that is considered a capital of "life" felony. Additionally, Florida does not permit a court to withhold adjudication when a person is accepting a negotiated resolution to a DUI. This means that even a first time conviction for DUI will remain on a person's criminal record for the rest of their life under Florida law. (See
Fla. Stat. 316.193) This is why when a person is arrested for DUI in Florida is is of paramount importance to retain an experienced and aggressive DUI defense attorney as soon as possible following their arrest. An experienced DUI attorney can often avoid a DUI conviction by finding weaknesses in the manner in which the DUI arrest was conducted. A not guilty verdict by a jury or a negotiated change of charge to a Reckless Driving are ways that a DUI attorney can avoid a DUI conviction for their client. It is also important to note that for certain offenses listed in
Fla. Stat. 907.041 a certificate of eligibility to seal will not be provided by the Florida Department of Law Enforcement even if the court withheld adjudication in the case. These offenses include: arson, aggravated assault, aggravated battery, illegal use of explosives, child abuse, abuse of an elderly person, aircraft piracy, kidnapping, homicide, manslaughter, sexual battery, robbery, carjacking, any sex offense involving a child, burglary of a dwelling, stalking, domestic violence, home invasion robbery, terrorism and manufacturing a controlled substance. Most sexually motivated offenses are not eligible for record sealing either. In cases of second degree felonies, courts are only permitted to order that adjudication be withheld there is a written request made in writing and the court finds that a withhold of adjudication is reasonably justified under the circumstances.
If you or a loved one is facing criminal charges in in South Florida, it is critically important to retain an experienced criminal defense attorney who will ensure that the best result possible is achieved for you in your case. Quinn Law, P.A. offers free case evaluations for those who are contemplating how to proceed with their case. Call (954) 463-0440 or toll free (844( ADQ-LAW4 to schedule a case evaluation.
