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What is a Withhold of Adjudication?
What is the difference between a Withhold of Adjudication and an Adjudication (Conviction)? Does it matter?
Florida allows for both adjudications and withholds of adjudications after a finding of guilt in a criminal case. Most commonly, adjudications are called “convictions,” and withholds of adjudication are called “withholds.” A withhold is a legal technicality that’s not easily understood by many lawyers let alone someone without the assistance of an experienced criminal attorney. Below we’ll try our best to explain what a withhold of adjudication is and why, despite being a technicality, can be so important.
Both convictions and withholds come after a finding of guilt – click HERE to read about how a finding of guilt can happen. Once a finding of guilt is made, an adjudication will either be entered or withheld.
Convictions carry serious collateral consequences in both misdemeanor and felony cases. Before accepting a conviction as part of a plea offer or exposing yourself to possible conviction in a pro-se trial, consider speaking to an experienced criminal defense attorney as a conviction has consequences that stem far beyond the courtroom and your record. The previously linked 2015 collateral-consequences guide is historical and should not be relied on as a statement of current eligibility rules.
A credit-for-time-served plea can carry an adjudication of guilt and lasting consequences. Do not infer the complete disposition from the phrase “CTS” alone: review the plea terms, adjudication, sentence, and collateral consequences with counsel before accepting it.
As for withholds, a withhold does not mean your case was dropped or that you were found not guilty of the crime. A withhold simply means there was a finding of guilt as to the charges, but a conviction was not entered. Despite there being a finding of guilt, a withhold is still a much better alternative to a conviction in most cases.
Collateral consequences require an individual review
A withhold can avoid some consequences of a formal adjudication under Florida law, but it is not a guarantee against every consequence. Driving privileges, housing, professional licenses, firearm restrictions, and eligibility to seal a record depend on the particular statute and the person’s record.
A drug conviction no longer independently disqualifies a student from federal Title IV student aid under the former drug-conviction rule. Other eligibility conditions, incarceration rules, and any specific federal-benefit order require separate analysis. Licensing, employment, immigration, housing, and driving consequences also depend on the offense and the applicable law; they are not all automatic.
Federal student aid is therefore not a benefit that can be promised only if a defendant obtains a withhold. A plea should be evaluated for its actual consequences rather than the former categorical drug-conviction student-aid rule.
Limits on Withholding Adjudication
Section 775.08435 bars withholds for capital, life, and first-degree felonies. Second-degree felonies and third-degree domestic-violence felonies require specified grounds, such as a written prosecutor request or qualifying written judicial findings. Prior felony withholds can further restrict or prohibit relief. Other offense-specific laws may also prohibit a withhold.
A withhold is not a dismissal, acquittal, or automatic sealing of the record. Whether it counts as a conviction for a particular purpose depends on the governing law. Federal immigration law may treat a plea or finding of guilt with a penalty or restraint as a conviction despite a Florida withhold. Employment, licensing, housing, driving, and firearms consequences require separate review. Read the actual application question before answering; a withhold does not create an unrestricted right to deny the case.
In the end, the differences between a conviction and a withhold of adjudication are the reason why the differences matter – it’s about the collateral consequences that go far beyond the courtroom and affect your future.
To discuss your specific case and how best to resolve it contact Valiente Law to discuss with one of our criminal defense attorneys.
Posted in: Criminal