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Sex Crimes, Sex Offenders What does Withholding Ajudication of Guilt mean?
- Thread Starter Empire5
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Betty3
Well-Known Member
Per my reference (information in a loose leaf binder written by a Fl. lawyer) -
Florida:
In all cases, an adjudication of guilt is a "conviction" - you are convicted for that crime in the traditional sense of the word. If convicted for a felony (adjudicated guilty) then, in addition to the sentence, there are legal ramifications such as loss of certain licenses (driving license if it's a drug offense), forfeiture of property in some cases, and most importantly loss of right to seal/expunge and loss of civil rights.
A withhold of adjudication of guilt is a "conviction" in which the court "withholds" adjudication. Though some legal privileges may be lost (right to drive if you take a plea in a drug case and they suspend your license for 2 years) you will not lose your civil rights or right to seal/expunge if that type of case is eligible to be sealed or expunged.
In both adjudication of guilt and withhold adjudication of guilt cases, those cases can later be used against you in establishing future punishment or for "scoring" you.
A withhold of adjudication of guilt works the same as a conviction for some purposes, but not for other. There are nuances beyond the mere definition in the statute...nuances created by the courts in their application and interpretation of the definition.
That's about all I can tell you. Someone else may have add'l. information.
Florida:
In all cases, an adjudication of guilt is a "conviction" - you are convicted for that crime in the traditional sense of the word. If convicted for a felony (adjudicated guilty) then, in addition to the sentence, there are legal ramifications such as loss of certain licenses (driving license if it's a drug offense), forfeiture of property in some cases, and most importantly loss of right to seal/expunge and loss of civil rights.
A withhold of adjudication of guilt is a "conviction" in which the court "withholds" adjudication. Though some legal privileges may be lost (right to drive if you take a plea in a drug case and they suspend your license for 2 years) you will not lose your civil rights or right to seal/expunge if that type of case is eligible to be sealed or expunged.
In both adjudication of guilt and withhold adjudication of guilt cases, those cases can later be used against you in establishing future punishment or for "scoring" you.
A withhold of adjudication of guilt works the same as a conviction for some purposes, but not for other. There are nuances beyond the mere definition in the statute...nuances created by the courts in their application and interpretation of the definition.
That's about all I can tell you. Someone else may have add'l. information.
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