What does “adjudication withheld” mean?
In the criminal justice system, you might hear the term “adjudication withheld.” It’s an alternative to a formal conviction, where a court sentences a defendant without actually convicting them of a crime. This often leads to probation.
It’s really important to understand all the ins and outs of adjudication withheld, especially if you’re in Florida, where it’s a common practice. Agreeing to a plea deal with adjudication withheld can have both upsides and downsides, so you need to weigh them carefully. This is a complex legal decision that you shouldn’t make lightly.
That’s why we’re here to break down everything you need to know about adjudication withheld. We’ll define adjudication withheld, explain the implications, look at who’s eligible, and discuss the potential drawbacks.
What is adjudication withheld?
If you’ve heard the term “adjudication withheld” in connection with a court case, you may wonder what it means. Here’s a summary.
Defining adjudication withheld
Basically, adjudication withheld is a type of probation sentence in which the judge doesn’t formally convict the defendant of the crime. Instead, the court puts off or withholds the imposition of a sentence.
It’s important to know that adjudication withheld isn’t a dismissal or an acquittal. The charge isn’t dropped. The court is simply withholding a judgment of guilt. The charge remains on your criminal record unless you take steps to seal it.
Adjudication withheld vs. conviction
Adjudication withheld is not a conviction in most cases, but there are exceptions. It doesn’t usually count as a conviction for most purposes. However, some specific situations and laws may define it as a conviction.
The goal of adjudication withheld is to rehabilitate the defendant without formally labeling them as a convicted criminal and stripping away their civil rights.
Terminology note
In Florida, the terms “withhold of adjudication” and “adjudication withheld” mean the same thing and can be used interchangeably.
How adjudication withheld works in Florida
In Florida, “adjudication withheld” means that you’ve been sentenced for a crime, but the court doesn’t enter a formal conviction against you. This is often part of a plea agreement, but it’s a complex decision and one you should only make after consulting with an attorney.
Here’s how it usually works:
- You plead guilty or no contest to the charges against you.
- The judge accepts your plea but “withholds adjudication.” This means that instead of formally convicting you, the judge places you on probation.
When adjudication is withheld, you must adhere to the terms of your probation in order to keep the “withhold” in place.
Probationary terms and conditions
If you are given adjudication withheld, you will likely have to abide by certain conditions of probation. These can include:
- Reporting to a probation officer on a regular basis
- Avoiding any further criminal activity
- Paying fines and/or completing community service hours
It’s critical that you follow all the terms of your probation to the letter. If you don’t, you could be in serious trouble.
Consequences of probation violations
If you violate the terms of your probation, the court can revoke the withhold and enter a formal conviction against you. This could lead to harsher penalties, including jail time.
Successful completion of probation
If you successfully complete your probation, the case is closed, and no further penalties are imposed. It’s as if you were never convicted of the crime.
Eligibility and Ineligibility for Adjudication Withheld
Whether you can get an adjudication withheld depends on the specific facts of your case, as well as which state you’re in. In general, the more serious the crime and the longer your criminal history, the less likely you are to be offered an adjudication withheld.
An adjudication withheld is most often used in cases of first-time misdemeanor or felony offenses. If you’ve never been in trouble before, you might be a good candidate for this outcome.
Offenses ineligible for adjudication withheld
Certain serious offenses, such as capital felonies and first-degree felonies, are generally not eligible for adjudication withheld. If you are charged with a crime that carries a life sentence, you won’t be offered an adjudication withheld.
Here in Florida, a recent amendment to Florida Statute 775.08435 has added further restrictions on withholding adjudication for third-degree felony domestic violence offenses. This means that, even if you meet the other requirements, an adjudication withheld may not be available if you are charged with domestic violence.
Factors influencing eligibility
There are other factors that can affect whether you can get an adjudication withheld. For example, if there are mitigating circumstances (facts that lessen your culpability) in your case, the prosecutor might be more willing to offer you a withhold. Similarly, if you are willing to participate in a diversion program, the prosecutor might be more likely to agree to withhold adjudication.
How does adjudication withheld affect criminal records and background checks?
Even when adjudication is withheld, the arrest and related court proceedings remain on your criminal record unless you take steps to have them sealed or expunged. That means that an adjudication withheld can influence future background checks and even other legal matters.
Adjudication withheld and criminal records
It’s essential to realize that even though you weren’t convicted of a crime, the case will still appear on your record unless it’s sealed. It’s important to understand how an adjudication withheld may appear on background checks.
Sealing and expungement
In some cases, you may be able to have your record sealed or expunged. Be aware, though, that withholding adjudication can affect your eligibility for record sealing and expungement. For example, even with adjudication withheld, certain serious crimes like domestic battery and sexual offenses can’t be sealed.
Impact on background checks
An adjudication withheld will show up on background checks unless you get the record sealed. That means you should be prepared to answer questions about the charge when you apply for a job, try to rent an apartment, or for other purposes.
Read job application questions carefully. For example, if the question asks whether you’ve ever been convicted of a crime, you can truthfully answer “no” if adjudication was withheld. However, the application may ask whether you’ve ever been arrested for or charged with a crime, in which case you’d have to answer “yes” and provide the details.
Benefits and drawbacks of adjudication withheld
There are definitely upsides and downsides to having adjudication withheld in your case.
Benefits of adjudication withheld
The main benefit is that adjudication withheld means you won’t be formally convicted of a crime. This can keep you from suffering the potential negative consequences of a criminal conviction, such as difficulty getting a job, a loan, or the loss of your civil rights. Not having a criminal record can be a big advantage in life.
Adjudication withheld can also help you hold onto your civil rights, and it may help you avoid certain restrictions on employment.
Drawbacks of adjudication withheld
There are also limitations to adjudication withheld. For example, even though it’s not a conviction, it will still show up on a background check. It stays on your criminal record unless it’s sealed or expunged, and not all federal agencies view it favorably, which can create problems if you move out of state or travel.
Even though Florida courts see adjudication withheld as a benefit, some federal agencies may not. Also, in sentencing guidelines and when determining labels for offenders, adjudication withheld is often treated the same as a conviction.
Frequently Asked Questions
Is adjudicated the same as convicted?
No, adjudicated and convicted are not the same thing. A conviction means you’ve been found guilty of a crime, either through a trial or by pleading guilty. Adjudication withheld, on the other hand, means the court has determined you committed the offense, but doesn’t formally enter a conviction. You might have to complete probation or other requirements, but you avoid the legal consequences of a formal conviction.
Is adjudication a conviction in Florida?
This is tricky because it depends on the specific situation and context. For many purposes, like background checks for employment or housing, an adjudication withheld is not considered a conviction under Florida law. However, there are exceptions. For example, certain professional licenses or immigration matters might still treat it as a conviction. It’s always best to consult with an attorney to understand how adjudication withheld will affect you specifically, as each case can be unique.
Essentially, adjudication withheld offers a chance to avoid a formal conviction, but it’s not a complete erasure of the incident. It remains on your record and can have implications depending on the situation.
Final Thoughts
Understanding the complexities of adjudication withheld is essential in Florida. It’s not a simple “yes” or “no” decision. It requires careful consideration and, ideally, the guidance of an experienced legal professional. The Florida criminal justice system can be challenging to navigate, and the nuances surrounding adjudication withheld are no exception.
That’s why seeking expert legal counsel is so important. A skilled attorney can assess the specific circumstances of your case, explain the potential ramifications of accepting adjudication withheld, and help you determine the best course of action to protect your rights and future.
Whether you’re weighing your options after an arrest or simply seeking information to be prepared, a conversation with a criminal defense attorney is invaluable. Don’t hesitate to seek professional legal advice to make informed decisions about your legal options. Many attorneys offer free consultations, and seeking legal advice early in the process can make a significant difference in the outcome of your case. If you’re facing potential criminal charges in Florida, connecting with an experienced criminal defense attorney is a smart move.