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Q:    What is a “withhold of adjudication”?  Is a withhold a conviction?  A:    PRO Criminal Defense Attorney – Miami, FL Contributor Level 20 EmailVisit website Helpful vote Answered 11 months ago. No and yes. No,… Scroll down to read more!

Q:    What is a “withhold of adjudication”?  Is a withhold a conviction? 
A:   

12 lawyers agreed with this answer

Jonathan Burton Blecher
Jonathan Burton Blecher
Criminal Defense Attorney – Miami, FL
Nick Jay Dorsten
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Colleen M. Glenn
Colleen M. Glenn
Criminal Defense Attorney – Bradenton, FL
Betty Elaine Jones
Betty Elaine Jones
Criminal Defense Attorney – Brandon, FL
Alec Larkin Weber
Alec Larkin Weber
Criminal Defense Attorney – Orlando, FL
Jerry Jenkins
Jerry Jenkins
Criminal Defense Attorney – Orlando, FL
Erick Masten Platten
Erick Masten Platten
Criminal Defense Attorney – Tyler, TX
William David Umansky
William David Umansky
Criminal Defense Attorney – Orlando, FL
Dennis Hernandez
Dennis Hernandez
Criminal Defense Attorney – Tampa, FL
Karen Rodriguez Ibarrondo
Karen Rodriguez Ibarrondo
Criminal Defense Attorney – Clermont, FL
Seda Aktas
Seda Aktas
Criminal Defense Attorney – Fort Lauderdale, FL

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Lawyers agree

1

Answered No and yes.

No, a without is not a conviction pursuant to Florida law. In fact, the whole reason that withholds exist is to afford an alternative to convicting certain folks for certain crimes where the facts and circumstances justify such a “break”.   A “withhold” is a legal concept which the Florida Supreme Court has recognized as being a means to withhold the adjudication of guilt (conviction) even though you have been found guilty by a Court. It is recognized as a matter of Florida law but this is not necessarily true as far as other jurisdictions are concerned (i.e. other sovereigns, be them States or not, do not have to recognize the “withhold” as a legal entity and may, as the federal court system chooses to do, instead consider a withhold to be the very same thing as a conviction).  In Florida you do not have to admit to being convicted, as you are not convicted if you have a withhold, but if you are asked about the withhold and you do not fess up then you are likely to be branded a liar by whomever asked the question.  


Yes, again, in that outside of Florida the withhold may be considered as a conviction – meaning that some other sovereigns may not recognize the distinction and may treat a Florida withhold as a conviction for their own purposes. (For example, if you have a Florida state withhold and are subsequently charged and prosecuted in federal court for a different crime they will score your prior state court withhold as a conviction. This may hold true in other states as well, but in FL a withhold is not a conviction.)   Also, and as an aside, although not a conviction certain applications and circumstances may require that it be disclosed, it will almost certainly appear on most every background check and some folks might choose to interpret it as a conviction. 

I hope that this has been helpful.
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At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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