Adjudication vs. a Withhold of Adjudication

A “Withhold of Adjudication” is a unique sentencing option where the judge orders probation but does not formally convict the defendant of a criminal offense. Under Florida Statute s. 948.01, judges have the authority to withhold adjudication after imposing a probation sentence. According to Florida Statute s. 948.04, upon successful completion of probation, the judge must release the defendant without any additional sentence for the underlying offense. Importantly, a withhold of adjudication is not considered a conviction in Florida (the Federal government generally does not recognize Florida’s Withhold of Adjudication system).

This allows the defendant to avoid the negative consequences typically associated with a criminal conviction, while the court saves time and resources. Essentially, a withhold of adjudication offers individuals a second chance, sparing them the stigma of a criminal conviction on their record.

Applicability of a Withhold of Adjudication

A withhold of adjudication is most commonly applicable for first-time misdemeanor or felony offenders. However, judges may also withhold adjudication in certain cases involving defendants with prior convictions or previous withholds, depending on the circumstances.

Clarifying the Status of Criminal Charges

No, the criminal charge is not dropped. Instead, the adjudication of guilt is withheld. To have criminal charges dropped, defendants may enter a diversion program, and upon successful completion, the state attorney can drop the charges.

Key Benefits of a Withhold of Adjudication

We strive to obtain a withhold of adjudication for our clients when they qualify and when it is appropriate for their case. The benefits of a withhold are significant:

• Employment Opportunities: Individuals do not need to report a conviction on job applications if the question is “Have you ever been convicted of a crime?” Since the conviction is withheld, they can honestly answer “no.”
• Housing and Credit: A withheld conviction can improve one’s chances of securing housing and credit, as it does not appear as a conviction on their record.
• Civil Rights: For felonies, a withhold allows individuals to retain certain rights, such as voting, serving on a jury, and owning a firearm.
• Court Appearances: In Florida, a withheld conviction cannot be used against a person if they testify in court.
• Driving Record: Withholding adjudication can prevent points on a driving record and, in some cases, prevent license suspension for drug offenses.
• Record Sealing: Withholds may allow for sealing of records if the individual has no other convictions.

Duration of Adjudication Withheld on Record

While a withhold of adjudication is not a conviction, it will still appear on your criminal record unless you have the record sealed after the conclusion of your case.

There are Limits

Despite its benefits, there are limitations:

• Job Applications: The ability to respond “no” to conviction questions depends on the wording. If asked about arrests or being a defendant in a government proceeding, one must answer “yes.”
• Certain Crimes: Some crimes, such as DUI, capital, life, and first-degree felonies, cannot be withheld. Second-degree felonies can only be withheld under specific conditions.
• Federal and Out-of-State Recognition: Federal agencies and entities outside Florida may treat a withhold as a conviction.
• Sentencing Guidelines: Withholds are scored the same in both the Florida and Federal guidelines as convictions and can impact sentencing and habitual offender status in future cases.

Alternative Solutions if You Don’t Qualify for Adjudication to be Withheld

If a withhold of adjudication is not an option, there are alternatives. One strategy is to influence the filing or charging decision before formal charges are filed. By presenting mitigating information or highlighting weaknesses in the case, we can often persuade the state attorney to refrain from filing charges or to present non-felony misdemeanor charges instead.

At Kenneth Padowitz, P.A., we are dedicated to exploring all possible avenues to protect our clients’ rights and futures. If you are facing criminal charges, contact us early to discuss your options and how we can help you achieve the best possible outcome.