In Florida, withholding of adjudication is a legal outcome in criminal cases where the court refrains from formally convicting the defendant, even though they have been found guilty or have entered a plea of guilty or no contest. Instead of imposing a conviction, the court places the defendant on probation or subjects them to certain conditions. If the defendant completes these requirements successfully, the case is essentially resolved without a formal conviction on their record.

Withholding of adjudication is available for certain criminal offenses in Florida. Judges have broader discretion to withhold adjudication on misdemeanors. Some third-degree and second-degree felonies may be eligible, but not if the defendant has a prior felony conviction. First-degree felonies and certain violent or serious offenses, like DUI, murder, and sexual offenses, are generally ineligible.

For felonies, a judge cannot withhold adjudication if the defendant has already been granted a withhold on a prior felony. Withholding is not allowed for certain crimes that require mandatory sentencing, such as some drug trafficking cases. DUI and certain violent crimes, such as aggravated assault, often do not qualify for withholding of adjudication.

Defendants granted a withholding of adjudication are typically placed on probation, and if they meet the conditions (e.g., community service, fines and counseling), their criminal case comes to an end. Withholding of adjudication brings the following major benefits:

1. Avoiding a criminal conviction — The defendant is not formally convicted of the offense. This means they avoid many of the legal and social consequences of a conviction.

2. Protecting opportunities — While the arrest and charge may still show up on a background check, the lack of a conviction can improve employment prospects, housing applications and eligibility for professional licenses.

3. Preserving voting rights — Since a withheld adjudication is not a conviction, the individual retains their civil rights, including the right to vote, serve on a jury, and hold public office.

4. Expunging the record — In some cases, if adjudication was withheld and the defendant successfully completes probation, they may be eligible to seal or expunge the record, which can further limit public access to the arrest and charge.

An experienced criminal defense lawyer can present the strongest case possible for withholding of adjudication, highlighting the defendant’s positive character traits and showing there is a low risk of re-offending. A lawyer also can negotiate with prosecutors to seek this favorable outcome.

At the Law Offices of Tad A. Yates, P.A. in Orlando, we aggressively advocate for the rights of Florida criminal defendants, including applications for diversionary treatment that avoids trial. Call 407-608-7777 or contact us online today to schedule a consultation.