What’s a Withhold?
To understand what a Withhold of Adjudication means in Florida, you must first understand what an Adjudication of Guilt means. When a Defendant is resolving a criminal case, a judge has two options other than dismissing the case outright. One option is to enter an Adjudication of Guilt as to the crime charged. This means that the judge is formally convicting you of the crime and this conviction goes on your record. It also means that you will not be able to seal or expunge your case.
The other option the judge has is to enter a Withhold of Adjudication to the crime charged. This is a peculiar concept because a Defendant can enter a plea of guilty or no contest, but still be given a Withhold of Adjudication. In plain English, the Withhold of Adjudication means that the Defendant is NOT convicted of the crime. This is obviously a better outcome than an Adjudication of Guilt in most situations. When you get a “Withhold,” you can answer “No” to the common job application question: Have you ever been convicted of a crime? You may also be eligible to seal your record through the Florida Department of Law Enforcement if the related crime qualifies.
Cons of a “Withhold of Adjudication”
Some crimes, like Domestic Battery, cannot be sealed even if you do get a Withhold of Adjudication. Additionally, Withholds are scored the same as Adjudications of Guilt when it comes to sentencing guidelines. This is especially important when it comes to driving with a suspended license, because a withhold on this charge will still count as a strike on you license, which means you are that much closer to a five-year suspension (three strikes within a five-year span leads to a 5-year suspension). Federal Courts and out-of-state jurisdictions tend to view Withholds the same as formal convictions, so that is an important factor to think about when you are resolving your criminal matter.
When is a Withhold possible?
Withholds of Adjudication are considered to be gifts in the eyes of most judges and prosecutors. They are usually offered or given when a Defendant has no criminal history or very little criminal history. However, I have secured Withholds for my clients even when they do have a criminal history, so there are no absolutes either way. Another critical point is that some crimes do not allow a judge or prosecutor to enter a Withhold of Adjudication. For example, a Defendant cannot be given a withhold on a driving under the influence charge (Florida Statutes 316.193).
Should I Take the Plea?
A lot of my clients ask me if they should take a plea offer that contains a withhold of adjudication and what does it mean. First off, you should clarify with your attorney if the withhold of adjudication will have any enhancements, such as making you a career criminal or a habitual traffic offender. Second, you should think about your life situation and think long-term because the Federal government will likely see your Withhold as a conviction. Lastly, an attorney should never tell you how to resolve your case. It is completely up to you. They can only give you their opinion, but you are the one who makes the decision.
Our firm takes the time necessary to make sure you understand the ramifications of every plea you are offered. In general, a withhold of adjudication is a relatively positive outcome, especially when compared to a formal conviction. However, the charge is not dismissed. Our firm always tries to have charges dismissed when there is a legitimate legal issue we can articulate in an argument. Our recommendation is to know your options, ask as many questions as you need to, and talk to your attorney and loved ones about any decision you make on your case.