What is a “withhold of adjudication”? Is a withhold a conviction? / AVVO / Michael A. Haber, Esq. / Call **ARRESTED or **MIAMIDUI

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.