A withhold of adjudication is a judicial determination. It occurs when you enter into a plea of guilty or no contest, or when you are found guilty for a charge by a judge or jury.
A withhold of adjudication is technically not a conviction. If you have received a withhold of adjudication for a felony offense, you will not lose your civil rights, nor will you be considered a "convicted felon."
A withhold of adjudication may be a sentence in and of itself. You may be sentenced to a withhold of adjudication and payment of court costs, as is the case with many misdemeanor charges.
You may also receive a withhold of adjudication followed by probation.
If you receive a withhold of adjudication for any drug-related charge, you will not be subject to the statutory driver's license suspension. Those suspensions only apply if you are convicted (adjudicated) for possession, possession with intent to sell, sale, cultivation, manufacturing, or trafficking in any controlled substance.
A withhold of adjudication can be sealed if the offense qualifies. Many offenses do not qualify for record sealing. Some of those offenses include burglary of a dwelling, trafficking, and any domestic violence charge (misdemeanor or felony).
A withhold of adjudication will not result in a conviction, but it may leave you with a criminal record.
If you have questions about your criminal record, call me today.
The Law Offices of Eric M. Matheny, P.A. is a criminal defense law firm serving the Miami and Broward areas.