Legal Question in Criminal Law in Florida

Re: witheld judifcation

If, in a criminal case, defendant entered a plea agreement or lost at trial and the Court "withheld adjudication of guilt", this is NOT a conviction. If the court said "I adjudicate you guilty", that is a conviction. If there is any doubt as to the ruling, you can check with the clerk of court as to the disposition. 'Hope this helps. Tom Rosenblum

Re: Withhold Adjudication

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.

When a Court withholds adjudication, it means that the judge did not adjudicate or find you guilty. Accordingly, you are not convicted of the crime that you were charged with whether it is a misdemeanor or a felony. You can have your record cleared by filing a motion to seal or expunge your record after you have resolved this matter if you have never been convicted of any crime.

Scott R. Jay, Esq.