Legal Question in Criminal Law in Florida
criminal matter
What is the difference in adjudicate and withhold adjudication?
My son is trying to resolve a legal matter and it involves felony charges. The prosecutor as it stands now is having trouble with the case because witnesses are not coming forward, 2-depo's have been scheduled, & twice the main eyewitness did not show nor did the lead detective. To make a long story short my son is now in the ''plea bargaining'' stage and was offered 3 yrs. probation (adjudicated). My question is: is there a difference on adjudicated or adjudicated withheld??? How will this affect his criminal record? And should he maybe ask for a trial instead in hopes of having his charges dismissed???
We are trying to resolve this matter with of course the best outcome for him.
Thank you.
2 Answers from Attorneys
Re: criminal matter
A felony adjudication is the worst possible outcome other than prison time. Your public defender should be answering these questions.
Re: criminal matter
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
An adjudication is a conviction which will appear on your son's record. It can never be sealed or expunged. As a convicted felon, he will lose many of his rights otherwise guaranteed to all citizens in this country.
If the witnesses will not cooperate, your son may wish to take a chance and go to trial. If the State cannot produce the witnesses for deposition prior to trial as scheduled, their testimony may be excluded by the court and the case may unravel against your son. If he is represented by the public defender, now may be the time to consider hiring private counsel. He should have the best attorney you can afford to make this case go away.
Scott R. Jay, Esq.
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