You might think that a criminal charge ends in either conviction or acquittal, but that isn’t always the case. In Florida, an alternative option available to some criminal defendants is withholding of adjudication, which can let them avoid having convictions on their record. Unlike a conviction, a withheld adjudication sometimes can be sealed by court order.

A withholding of adjudication means that a judge decides, after a hearing, that the defendant is not likely to engage in criminal activity again and that the ends of justice and the welfare of society do not require imposing a jail sentence. The judge does not find the defendant guilty or not guilty but instead places the defendant on probation.

Eligibility to seek withholding of adjudication depends on your background and the charges against you. Withholding of adjudication is generally available only to first time offenders. Only in rare circumstances will a court consider such a remedy for a repeat offender. In addition, defendants charged with certain crimes are ineligible for this status. An individual charged with driving while under the influence, with a first degree felony or with a capital or life felony cannot receive withholding of adjudication.

A major benefit of a withheld adjudication is that it leaves open the possibility of sealing for many offenses. This is particularly important in Florida where convictions cannot be sealed or expunged. That said, if you have an adjudication withheld, you may still be required to disclose your arrest and charges when applying for jobs, loans and certain benefits. Also, unless it is sealed, a withheld adjudication is treated like a conviction outside of Florida.

In some cases, defendants who have a chance of acquittal may decide to decline withholding of adjudication and proceed to trial. However, you should never make this decision without consulting with an experienced criminal defense attorney who can evaluate your best option and provide you with effective representation.

At the Law Offices of Tad A. Yates, P.C., Mr. Yates represents criminal defendants in all aspects of the criminal process. If you have questions or need representation, please call the Orlando office at 407-608-7777 or contact the firm online anytime.