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Q:     I am on house arrest / community control and do not have a felony, do I need to register at the jail?  I am rather confused. I am on house arrest / community… Scroll down to read more!

Q:     I am on house arrest / community control and do not have a felony, do I need to register at the jail?  I am rather confused. I am on house arrest / community control. But if I complete all my terms I will not have any felony’s on my record. The judge withheld adjudication. So since I am not a convicted felon, do I have to register myself in the felony data base? It was my understand that I did not. But now I am being told differently. Can I get someone’s opinion on this issue. Thank you…
A:     Chosen as “Best Answer” by Asker on www.AVVO.com

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Answered Unless you are convicted you do NOT have to register in the felony database.

That said, if you are on CC and have a withhold then you are NOT yet out of the woods… You must first successfully complete your community based sanction because if you violate then one of the things that the Judge can do is to strip you of your withhold and instead convict you. So, stay focused on the prize (i.e. successful completion and termination of your CC).

In the interim you might consider taking a look at my Avvo Legal Guide on surviving probation / CC in Florida as it contains a great deal of information on the subject and may prove to be helpful to you. For your convenience a link follows:

Michael A. Haber, Esq.’s AVVO Legal Guide on Probation in Florida: What it is and how to survive it? http://www.avvo.com/legal-guides/ugc/probation-in-florida–what-it-is-and-how-to-survive-it   


As for your “withhold”, it 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 if you only 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. Further, insofar as background checks go, many withholds can be sealed but you may still need to disclose even a sealed case, depending upon where you are applying, what you are applying for and the nature of the application question asked.

For more on this topic please watch my YouTube Webisode on Withholds in Florida. For your convenience a link follows:

Haber PA’s YouTube Webisode on What is Withhold of Adjudication –https://youtu.be/IYsTDLEq4tc

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)


For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  



At Michael A. Haber, P.A. “Its all about reasonable doubt”!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Withhold #WithholdOfAdjudication #Adjudication #Conviction #Probation #CC #CommunityControl #Felon #Felony #ConvictedFelon #FelonyRegistration 

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Michael A. Haber

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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