In Florida, judges can decide to withhold adjudication in a criminal case, which means the defendant isn’t officially convicted. This can have big effects on the person’s future, like being able to avoid certain consequences of a conviction and being able to say they don’t have a criminal record when applying for jobs. There have been changes to laws that affect the benefit of withholding adjudication for certain offenses. For example, DUI and domestic violence offenses are now prohibited from having a withholding of adjudication. In addition, certain serious offenses like arson, kidnapping, and sexual offenses are also disqualified from having adjudication withheld. There is a law that limits the use of withholding for certain felony offenses, and the court can only consider certain factors when deciding whether to withhold adjudication for these offenses. Interestingly, the law specifically says that the court cannot consider the defendant’s intoxication or substance abuse when making this decision. The Florida Supreme Court has changed the way withholds are treated in the legal system. They ruled that a guilty plea or verdict with a withhold of adjudication is considered a conviction in capital sentencing proceedings. This means it can be used as an aggravating factor in deciding on a sentence. They also decided that the term “conviction” in a statute about increased sanctions for driving with a suspended license includes offenses where adjudication was withheld. This means that a conviction includes both adjudications and withholds, unless it’s a civil traffic infraction. The government has made rules that say even if someone’s case is dismissed, it can still affect their job and other parts of their life. This is especially true for federal cases and for people who are not United States citizens. Employers and schools are now asking about any arrests or pleas, even if the person was not found guilty. This can make it difficult for people to find jobs or volunteer at their kids’ school. The Florida Bar has changed its rules so that lawyers must report any criminal decisions or judgments, not just convictions. This means that even minor offenses could have a lasting impact on someone’s record and future opportunities. It’s like getting a stain on your permanent record that never goes away. If you get in trouble with the law, there are options to avoid criminal charges or get a less severe punishment. Your lawyer can try to convince the state not to file charges or negotiate a deal with the court. Itâs important to understand the long-term consequences of a criminal record and be prepared for legal questions. Itâs also important to know what evidence can be used in court. Paying attention to these details can make a big difference in your case. If you complete your probation without any problems, you won’t be considered a convicted person. But if you break the rules of your probation, the court can then punish you. However, once your probation period is over, the court can’t do anything unless they already took steps to change or cancel your probation before it ended. Some serious crimes don’t allow for the judge to withhold punishment, like certain drug and weapon offenses, as well as crimes like assault, kidnapping, and fraud. This is a column submitted by the Criminal Law Section. It talks about different legal cases and statutes related to criminal law. The authors are George E. Tragos and Peter A. Sartes. George E. Tragos has a lot of experience in criminal law, and Peter A. Sartes used to work in a public defender’s office. The column is meant to educate and inform people about criminal law.
Source: https://www.floridabar.org/the-florida-bar-journal/withhold-of-adjudication-what-everyone-needs-to-know/
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