Legal Question in Criminal Law in Florida

Adjudication Withheld and Fl Constitution

I myself did submit but never received confirmation of acceptance. Will you elaborate on this ''final conviction'' and how the mentinoned section in the Florida Constitution should be understood?


Asked on 1/15/09, 10:09 pm

1 Answer from Attorneys

Rebecca Zima The Law Offices of Rebecca Zima, P.A.

Re: Adjudication Withheld and Fl Constitution

A withhold of adjudication is for the benefit of the defendant and does not mean that there has been no final conviction. The constitutional amendment to which you refer simply means that a defendant cannot be charged court costs prior to disposition of the case.

A withhold of adjudication is not a "conviction" for purposes of employment, but it is treated just like a conviction on future sentencing guidelines and can also be used to make someone a habitual offender (which increases the possible sentence) on future crimes.

The person on probation legitimately owes both court costs and restitution and can't get out of paying them.

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Answered on 1/16/09, 12:04 pm


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