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Fleeing And Eluding: Can Adjudication Be Withheld?

Fleeing and eluding is a serious felony that carries a mandatory conviction (adjudication).  A conviction to this charge will make you a convicted felon, and it will not be able to be sealed from your record.  Furthermore, a conviction to this charge will prevent you from being able to seal or expunge any unrelated criminal charges.

The court has no authority to withhold adjudication.  However, in the course of plea negotiations with the prosecutor, it may be possible for your criminal attorney to convince the prosecutor to agree to a withhold.  This can be done.

You cannot go to trial in a fleeing and eluding case, lose, and then expect the court to withhold adjudication.  This must be done during plea negotiations.

If you are charged with fleeing and eluding, it may be possible to end up with a withhold of adjudication.

Eric Matheny is a criminal defense attorney representing clients charged with fleeing and eluding in Miami-Dade, Broward, and Palm Beach.