Florida Withhold of Adjudication

In Florida, a verdict of guilt does not necessarily result in an immediate conviction. Unlike federal courts across the US, Florida judges possess the discretion to keep the adjudication withheld process even when a defendant has entered a guilty plea or has been adjudged guilty in court.

Moreover, when adjudication is suspended, it offers the accused an opportunity for redemption by avoiding a criminal sentence and the consequent stigma of a formal conviction record. Unless there is an opportunity to achieve a dismissal or discharge of criminal charges, opting for an adjudication withheld often represents a more favorable resolution for defendants involved in criminal proceedings.

However, these suspended adjudications, or withhold adjudication Florida, are subject to specific eligibility requirements and are inherently constrained by limits. In this guide, we dive into the adjudication withheld meaning, the advantages, restrictions, and common inquiries related to this legal matter.

In a criminal case, a disposition means the judge’s determination on what should happen next. Whenever someone receives the disposition, the adjudication withheld meaning includes two key things: 

According to the Florida Statute 948.04, the defendant is released from probation and is not liable for the offense for which he or she was put on probation upon terminating the probation period. Consequently, after the probation is complete and/or the fines are paid, there will be no further conviction or penalty.

For the defendant in the criminal case, to withhold adjudication Florida is the second best option to having the charges dismissed or dropped. While the defendant is still found guilty, there is no adjudication of guilt and no conviction. Such an outcome provides the defendant with multiple benefits and advantages compared to being found guilty of a crime while still contingent on certain limitations.

Most often, the best chances to get a withhold of adjudication are with first-time offenders found or pled guilty of a misdemeanor or minor felony. Still, there are possibilities to have the Florida adjudication withheld several times for repeated offenses.

The Florida Statute 948.01 gives the judge the authority to withhold adjudication of guilt if it appears that the defendant is not likely to commit a criminal offense. At the same time, the law is specific about cases where the adjudication of guilt cannot be withheld under any circumstances. Thus, according to the Statute 775.08435, those found guilty of capital, life, and first-degree felony are ineligible for withholds.

Statute 775.08435 includes a special provision for withholding adjudication of second and third-degree felony offenses. The second-degree felony can be withheld only if either one or two of the following conditions are met:

Additionally, the defendant should not have a prior withhold for the same transaction as the current offense to be eligible for withhold.

Recently, the amendments to the Florida Statutes have introduced the same limitation on the power of judges to provide withholds for the third-degree felony of domestic violence and other third-degree felony offenses where the defendant already had a withhold.

Last but not least, criminal law specifically excludes the authority of judges to withhold adjudication for driving under the influence (DUI). For this reason, defendants found or pleaded guilty in a DUI case will be adjudicated guilty without a chance to get a withhold.

Getting adjudication withheld presents a defendant with multiple benefits and is a sought-after outcome when there is no opportunity to have the charges dropped or dismissed. Without a formal criminal conviction, the defendant can avoid multiple negative consequences and impact on their employment opportunities, civil and other rights.

While Florida is an “at-will” state where employers can dismiss their staff practically for no reason with an at-will employment agreement, having a formal conviction and/or a criminal record can be particularly burdensome for employees. In addition, many professionals, for example, healthcare workers, can lose their license if convicted of a crime.

But can you get a job with withheld adjudication instead? Yes, because it excludes the chances of losing a professional license and minimizes negative consequences with existing employers. Meanwhile, when someone looking for a job has withheld adjudication, they can honestly answer “no” to the question if they were ever convicted.

In Florida, convicted felons are deprived of several civil rights, which include the right to vote, serve on a jury or hold a public office. However, when defendants receive withhold of adjudication, they avoid these consequences even when found guilty of the offense. If you wonder ‘does adjudication withheld show up on background checks?’, the answer is no.

For instance, retaining the right to vote enables individuals to contribute to political processes and speak up in the governance of their community. Service on a jury preserves a person's right to participate in the justice system and to contribute to fair trial processes.

Can you own a gun with a withhold of adjudication? According to the Florida Statute 790.23, a person convicted of a felony cannot own or have in their care, custody, possession, or control any firearm, ammunition, electric weapons or device or carry a concealed weapon, including a tear gas gun or a chemical weapon. Meanwhile, the defendants may retain the right to a firearm by having adjudication withheld, since they were not formally convicted.

When someone gets a withhold of adjudication, they avoid other negative consequences of conviction, such as suspension of driving license for drug offenses, accumulating driver’s points or losing their public benefits. In addition, they can deny conviction under oath, while the lawyer examining them as witnesses cannot even ask about their conviction.

Having a formal criminal conviction leads to a number of other undesirable social consequences. It can lead to strained relationships with neighbors, social circle and the family, decreasing the social stability of defendants. Meanwhile, withhold of adjudication helps to minimize the negative effect of criminal history and mitigate these negative consequences.

Although having the adjudication withheld is always a desirable option to being convicted of a crime, it comes with its own limitations. How long does adjudication withheld stay on record? Some charges, like DUI, cannot be withheld at all so they will remain on your criminal record. Other types of convictions cannot be sealed in your criminal records and will be visible in the adjudication withheld background check. Other limitations may apply as well.

Florida law does not allow expunging or erasing withholds of adjudication from criminal record, which means they can only be sealed. At the same time, many types of offenses are ineligible for court-ordering sealing.

Specifically, Florida law doesn’t allow sealing withholds of adjudication in cases of:

• Aggravated assault;
• Assault or battery;
• Drug trafficking;
• Felony involving domestic violence;
• Fraud;
• Sexual misconduct;
• Stalking.

Such offenses will appear on the defendant’s criminal record even if the conviction was withheld, which can further result in negative consequences for employment, housing, and other important life aspects.

Irrespective of whether adjudication is withheld, those found guilty of a felony must register as felons, according to Florida Statute 775.13, within 48 hours after entering any county, be fingerprinted, photographed and provide further details according to the law. Similarly, sex offenders have to register, according to Florida Statute 943.9435, regardless of whether the adjudication is withheld.

Getting a withhold of adjudication comes with several other limitations as well. Although one may deny conviction after getting a withhold, they will still have to answer “yes” if they were arrested. Being withheld of adjudication and probation can make immigrants subject to deportation, even in case of minor offenses.

Probation resulting from withholding of adjudication facilitates the rehabilitation of an offender without the forfeiture of civil rights and unpleasant consequences that typically follow a criminal conviction. This legal concept was upheld by the Florida Supreme Court.

When adjudication is withheld, the defendant encounters far fewer legal repercussions as opposed to being found guilty of a crime. This alternative path provides a series of benefits:

Withholding of adjudication is crucial for those seeking to lessen the long-term consequences of legal infractions. This is an opportunity for offenders to move forward with fewer impediments to social reintegration and preservation of their civil rights.

Withholding of adjudication also comes with several disadvantages that one must carefully consider. Here's a breakdown of the key drawbacks:

While considering withholding adjudication, people should pay attention to these factors and theirlong-term impacts on their lives. Understanding the full scope of consequences is crucial in making informed decisions about the defense strategy.

When found guilty of a crime in Florida, the defendant won’t necessarily be convicted. Instead, the judge can decide whether to adjudicate the offender guilty or withhold this adjudication. When the latter occurs, the defendant will likely be given a probation term and, after the period is successfully completed, they will not be liable for sentencing.

In this case, defendants will have more equal employment opportunities, maintain their social stability, and avoid the collateral consequences linked with conviction. However, adjudication withholding is not available for everyone. Typically, the courts will reserve this for minor non-violent crimes and first-time offenses where they truly believe the guilty person is remorseful and won’t commit crimes again in the future.