Florida’s criminal justice system has three interests when considering the nature and length of sentence to impose on a convicted defendant: retribution, deterrence, and rehabilitation. At different periods in Florida’s history, one interest may seem to be emphasized more than others, but the interests most impacting an individual defendant depend on the quality of their criminal defense lawyer, the facts of the case, and the judge’s inclination. The law allows a wide range of sentences for most offenses, and within that range, a sentence will often be deemed “reasonable.”
But Florida sentencing practices include an alternative procedure in which a judge can “withhold adjudication.” Some other jurisdictions also call this procedure a “deferred adjudication.” This procedure allows a judge to withhold a “conviction” from even a guilty defendant by putting off the actual adjudication of judgment of conviction to some future date, usually a year.
What Happens in a Withheld or Deferred Adjudication?
Withholding adjudication is a way for the Florida criminal justice system to take into consideration the mitigating factors in a case that tend to make a “conviction” too harsh a sentence for the defendant. Instead of adjudicating the defendant immediately by entering a judgment of conviction and imposing a sentence, the judge waits and then places the defendant on a kind of probation with special conditions the defendant must perform successfully within a designated time.
If the defendant completes the court’s assigned conditions as directed, the law may allow them to seek to have the case expunged or sealed, depending on the nature of the charge. Not all charges are eligible for sealing or expungement.
In some cases, the judge may even dismiss a case following a defendant’s successful completion of their probationary requirements. This depends heavily on the nature of the offense, the defendant’s background, life circumstances, attitude, and remorse.
What’s the Purpose of Withholding Adjudication?
If a defendant is adjudicated as convicted and sentenced, that record of criminal conviction is essentially a lifelong blot on the individual’s permanent publicly accessible criminal record. However, using the legal mechanism of withholding adjudication allows individuals accused of certain offenses an opportunity to avoid a formal conviction and, in some cases, to have their criminal records sealed or expunged. For those defendants whose crimes do not qualify for expungement or sealing, the lack of a conviction still provides some benefits.
A person who pleads guilty or is found guilty by a jury will still retain a record of guilt unless the case is sealed or expunged. But avoiding a conviction can prevent the defendant from being disqualified from certain employment, housing, and other civil liberties.
Limitations of a Withheld Adjudication
Unfortunately, not every offense can have adjudication withheld. For example, a DUI is not eligible for withholding adjudication. Neither can a DUI be sealed or expunged.
While some offenses can have adjudication withheld and later be sealed or expunged, many crimes in Florida are not eligible for any of these beneficial treatments. Perhaps not surprisingly, persons guilty of crimes for which capital punishment, life, or those guilty of first-degree felonies are eligible for withholding of adjudication.
While withholding adjudication is usually the next best disposition of a criminal case second only to outright dismissal, there are some drawbacks:
- Payment of fines or restitution in full
- Community service, sometimes a very substantial number of hours
- Drug or alcohol counseling with which the person must comply and cooperate
- Regular reporting to a probation officer
Failure to comply with court-ordered conditions can result in the immediate adjudication of guilt and the imposition of a formal sentence.
While deferred adjudication may prevent a state conviction, it may not provide protection against federal offenses or actions by professional licensing boards.
Fees associated with probationary supervision and other court-imposed conditions can add up.
There are also several criminal offenses that the Florida legislature has prohibited from being considered for sealing or expungement:
- Aggravated assault
- Assault or battery
- Drug trafficking
- Felony involving domestic violence
- Fraud
- Sexual misconduct
- Stalking
Who Is Eligible for a Withheld or Deferred Adjudication in Florida?
Eligibility for withheld adjudication and the benefits it bestows depends on several criteria:
Type of Offense: Typically, deferred adjudication is available for less severe offenses, such as certain misdemeanors and non-violent felonies. Violent crimes, sexual offenses, and certain drug-related charges are generally not eligible.
First-Time Offenders: Defendants with no prior or limited criminal history are more likely to be considered for deferred adjudication.
Prosecutorial Discretion: Often, the prosecuting attorney’s willingness to agree to deferred adjudication plays a role in its availability.
Legal Procedures Involved
The actual procedure in which participants to have a case adjudication withheld requires several steps and phases.
First, after fully consulting with their criminal defense lawyer, the defendant will probably first enter into a plea agreement including a plea of nolo contendere (“I do not contest the charges”), or a plea of guilty. Then, when conviction and the penalty are usually imposed, the judge withholds them, deferring adjudication conditionally on the defendant’s performance of probation obligations.
Next, the court outlines the conditions for the probationary period, which typically lasts between six months to several years depending on the offense and circumstances.
Finally, upon successful completion of the probationary period, the defendant will return to court for a review. If all conditions have been met, the court may dismiss the case or set it aside, opening the path for record sealing or expungement. If the case is not dismissed, the case will simply be closed without the entry of a conviction or a penalty.
Why Would You Consider Agreeing to a Withheld Adjudication?
Every criminal defense attorney concentrates on getting their client a dismissal, or if the case is appropriate, taking the case to trial and winning an acquittal. However, sometimes the prosecution evidence is strong, and the witnesses against the defendant are credible, making the odds of winning an acquittal or an outright dismissal very unfavorable. In some cases, a good criminal defense lawyer can convince the prosecutor to reduce the charges to a lesser offense, one with lower penalties or less social stigma.
When faced with a strong likelihood of a negative result, a client may be advised to consider accepting the withheld adjudication. If the client is a good candidate, and the facts of the case are not egregious, a young or first-time offender will have a good chance of successfully completing the probationary period and earning their way out of a conviction.
This can be especially true if the defendant’s offense was driven by a dependency on drugs or alcohol, or if some mental health issue contributed to the illegal conduct.
Withholding adjudication in Florida serves as a valuable alternative to traditional sentencing methods, particularly for first-time offenders or those accused of less severe crimes. It aims to balance the objectives of the criminal justice system by offering rehabilitation while preserving the opportunity for a clean slate. However, strict compliance with court-ordered conditions is crucial for the benefits to materialize.
Are You Eligible for Withheld or Deferred Adjudication?
The law regarding withheld adjudication in Florida can be a bit complex when applied to certain individual circumstances. While a particular case may seem as though it fits into the class of cases eligible for a withheld adjudication, the case may include “tough facts” that could derail an attempt to obtain a withheld adjudication.
Your criminal defense lawyer’s experience, powers of persuasion, knowledge of the law, and familiarity with the prosecutor’s approach to the case and the judge’s probable views, all impact whether you succeed in winning your case, by dismissal, acquittal, or having adjudication withheld.
When you need sound legal advice and a professional defense attorney with years of direct experience handling cases in which adjudication was withheld, contact the Stechschulte Nell, Attorneys at Law in Tampa 813-280-1244.
