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Benefits of Receiving a Withhold of Adjudication Under Florida Law  Uploading ....Florida is different than many other jurisdictions with regards to criminal sentencing options. Unless prohibited by statute, the Judge is permitted to "withhold adjudication" on any criminal charge. This is true for both felonies and misdemeanor charges. The importance of having adjudication withheld in a criminal matter cannot be overstated. If adjudication is withheld in a felony case, the defendant isn't a convicted felon. Therefore the defendant would retain all the rights of an individual who was not convicted of any crime whatsoever.
In order to have an adjudication withheld, most often, the defendant must enter a plea of no contest or guilty to the charged offense. While it's technically possible to have an adjudication withheld after trial, as a practical matter, it is rather unlikely. A result of the fact that the Defendant has entered a plea of no contest or guilty, the court is permitted to impose a sentence on the defendant without the adjudication of guilty. Therefore, a defendant who is placed on probation with an adjudication of probation will have his or her rights limited by the terms of the probation or other sentence imposed.
If a probationary sentence is imposed together with a withheld adjudication, it really is crucial for the defendant to successfully complete probation. If the defendant is found responsible for a violation of probation, the Judge has all sentencing options for the original charge "back on the table." If a defendant is found responsible for a violation of probation, not only could the defendant face a jail and/or prison sentence, but the Judge may also impose an adjudication of guilt which effectively sets aside the previous withheld adjudication.
The most important reason that most people desire a withhold of adjudication is simply for future employment prospects. A felony conviction, sometimes a misdemeanor conviction, can have devastating consequences on someone's future. A felony conviction is generally an automatic disqualification for anybody hoping to serve in the military, become a police officer and hold another position of trust. Even if somebody is fortunate enough to receive a withhold of adjudication, certain public agencies and private employers will treat the withhold like a conviction for their particular purposes. Notwithstanding the fact that many employers will consider a withhold of adjudication a conviction, a defendant that receives a withhold of adjudication might be eligible to expunge their criminal record when a conviction would otherwise prohibit it.
Receiving a withhold of adjudication is very important for individuals who are eligible to receive one. If the charge permits and the defendant wants to enter a plea of guilty or no contest to be able to avoid a trial, a withhold is something that can and should be discussed in plea negotiations.
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