Legal Question in Criminal Law in Massachusetts

Dismissed or sentence withheld - is it the same thing?

In 1999 (MA), I was arrested and charged with 2 counts of felony assault. Because the net damage of the assault was just a single scratch (truly), the charges were continued for a year and then totally dismissed. Now, I must submit an app. for educator licensing in GA, where I live now and have taught for a few yrs. The wording of the app. recently changed. The application asks if I have been ''placed under a court order by whereby an adjudication or sentence was otherwise withheld for any misdemeanor or for any felony''. Does the dismissal mean that I can answer ''no'' to their question, as I want to do - or do I have to dredge up this incident?


Asked on 5/28/04, 10:19 am

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Dismissed or sentence withheld - is it the same thing?

Because your livelihood depends on the application and the application will be scrutinized closely, it is vitally important that your responses be both legally accurate and factually accurate.

In Georgia a continuance of a matter is not an adjudication, nor is it a form of an adjudication withheld. If your case had been in Georgia, there would be no question. The dismissal would be dispositive of the question for all purposes.

I would urge you to consult your attorney in MA to determine if the case was merely continued without an adjudication. If you never made a formal appearance or plea to the charges, this is likely what took place. However, you should be absolutely sure before answering the application for employment.

A dismissal is not the same thing as a sentence withheld, but in MA a dismissal may be the procedural follow-up to a sentence withheld and that is my concern for you in answering the question in the application.

I hope this helped.

Jim Hough

770-607-5300

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Answered on 5/28/04, 12:43 pm


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