Legal Question in Criminal Law in Alabama
What does Adjudication of guilt withheld mean?
My husband has been accused of childabuse. My son, his stepson and neighbors lied in the police report. The witnesses would not show up for the hearing. My son wanted to drop the charges and the State said no.My husband is now on probation for 1 yr, 50 hrs community service & parenting classes. What rights has he lost? The judgement was adudication of guilt withheld. Should we appeal? Thank you.
1 Answer from Attorneys
Re: What does Adjudication of guilt withheld mean?
it sounds like there was a sort of "defered prosecution" granted. if this is true the usual outcome is that after the parenting classes and other requirements of the judge are met the case should be dismissed. this is usually a rather loose agreement between the state and the defendant's attorney, depending on the court and jurisdiction, and you should be careful to assure yourself exactly what the terms of the agreement are and have them confirmed in writing. consult with your attorney first as he/she may have already taken the proper confirmation steps. it sounds like one of the terms of the agreement might be that if the terms of the court are note met then there will be an adjudication of guilt and sentencing at that time. you should really consult your attorney about this. if you do not have an attorney please call at 205-879-9595
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