The Denson Firm

What is Withhold of Adjudication?

If you’ve ever been charged with a crime in Florida, you may have heard the term “withhold of adjudication.” It’s a term that’s often used in the criminal justice system, but many people don’t fully understand what it means or how it could affect them. In this article, we’ll explain what withhold of adjudication is, how it differs from a criminal conviction, and why it’s important to understand if you’re facing criminal charges in Florida. We’ll also discuss some of the key considerations and potential consequences of receiving a withhold of adjudication. Whether you’re a defendant, a victim, or simply someone who wants to know more about the criminal justice system, this article will provide valuable insights into this complex topic.

Understanding Your Options in a Criminal Case

Facing a criminal case can be an overwhelming experience, with a seemingly endless labyrinth of legal jargon, procedures, and potential outcomes. However, having a firm grasp of your options is critical to successfully navigating the court system. Understanding the different avenues available allows you to make informed decisions about your case and work towards a favorable outcome.

The court system provides various options tailored to each case’s specifics. These options can range from diversion programs, plea agreements, and trial strategies to alternative sentencing solutions. One such alternative is the concept of withhold of adjudication, which can significantly impact the result of your case.

Throughout this article, the focus will be on withhold of adjudication, shedding light on its benefits, limitations, and applications within the legal system, particularly in Florida. By gaining a comprehensive understanding of this option, you will be better equipped to make strategic decisions about your case and take control of your legal journey.

The Three Pleas in Criminal Court

First, let’s understand the three pleas that can be entered in criminal court:

Not Guilty

When an accused person enters a not guilty plea, they are asserting their innocence concerning the charges brought against them. This plea is a powerful tool in the criminal justice system, as it allows the accused to exercise their constitutional right to a fair trial. In such a trial, the burden of proof rests squarely on the shoulders of the prosecution.

A not guilty plea sets the stage for a rigorous examination of the evidence and arguments presented by both the prosecution and defense. This process involves the presentation of witnesses, expert testimonies, and various forms of evidence, all of which are subject to scrutiny and cross-examination. The objective is to ensure that the accused receives a thorough and impartial evaluation of their case.

In a criminal trial, the prosecution must prove the accused’s guilt beyond a reasonable doubt – the highest standard of proof in the legal system. This standard is designed to minimize the risk of wrongful convictions and protect the accused’s fundamental rights. By pleading not guilty and proceeding to trial, the accused places the onus on the prosecution to meet this high burden, and in doing so, they assert their right to a fair and just evaluation of the charges against them.


Upon entering a guilty plea, the defendant acknowledges their guilt for the charges brought against them. This admission of guilt signifies the defendant’s acceptance of responsibility for the alleged crime and their willingness to face the legal consequences. As a result, the court bypasses the need for a trial, as the defendant’s guilt is no longer in question, and proceeds directly to the case’s sentencing phase.

A guilty plea often stems from plea negotiations between the prosecution and defense, resulting in an agreed-upon resolution that may involve reduced charges or a more lenient sentence. These negotiations aim to expedite the legal process, save resources, and provide a measure of certainty for both parties involved.

During the sentencing phase, the judge considers various factors, such as the severity of the crime, the defendant’s criminal history, any mitigating or aggravating circumstances, and the recommendations presented by the prosecution and defense. The judge then determines an appropriate sentence, which may include incarceration, probation, fines, community service, or other sanctions in accordance with the applicable laws and guidelines.

By entering a guilty plea, the defendant forgoes their right to a trial, eliminating the need for the prosecution to prove their guilt beyond a reasonable doubt. This strategic decision can, at times, lead to a more favorable outcome for the defendant, depending on the circumstances of their case and the strength of the evidence against them.

No Contest

A no contest plea, also referred to as nolo contendere, presents a unique option for defendants in criminal cases. By entering this plea, the accused neither admits guilt nor disputes the charges brought against them. In essence, they are choosing not to contest the allegations, while also refraining from admitting guilt. This strategic decision is often employed to circumvent potential civil liability arising from the criminal matter.

When a defendant pleads no contest, the court proceeds directly to the sentencing phase, much like in cases where a guilty plea is entered. However, the critical distinction between a no contest and guilty plea lies in the potential implications for any related civil proceedings. An admission of guilt in a criminal case can be used as evidence against the defendant in a subsequent civil lawsuit, whereas a no contest plea does not carry the same weight.

The use of a no contest plea can be particularly advantageous when the accused is facing both criminal charges and a civil lawsuit stemming from the same set of circumstances. By avoiding an outright admission of guilt, the defendant may be better positioned to defend themselves against civil claims for damages, as the burden of proof in civil cases is lower than in criminal trials.

Sentencing: Adjudication of Guilt vs. Withhold of Adjudication

Upon entering a plea or being found guilty, the judge has two options for sentencing: adjudication of guilt or withhold of adjudication. Adjudication of guilt is a formal conviction, while withhold of adjudication is a unique alternative that offers several benefits to the defendant.

Benefits of Withhold of Adjudication

The concept of withhold of adjudication raises the question: What exactly does it entail, and why should it be considered as a viable option in criminal cases? In essence, withhold of adjudication is a judicial mechanism that enables a defendant to sidestep a formal conviction, even though they may still be required to fulfill probation or other court-ordered sanctions. This alternative outcome to a criminal case can be a game-changer, particularly for first-time offenders or those facing less severe charges, as it helps avert some of the enduring ramifications linked to a criminal conviction.

A withhold of adjudication scenario often arises as part of a plea agreement or a sentencing decision made by a judge. In these cases, the court acknowledges the defendant’s guilt or no contest plea but refrains from entering a judgment of conviction. Instead, the court imposes a probationary period or other sanctions, which, upon successful completion, allows the defendant to avoid the lasting effects of a conviction on their record.

By choosing withhold of adjudication, defendants may be able to preserve certain rights and opportunities that would otherwise be jeopardized by a conviction, such as employment prospects, educational opportunities, and even housing options. Moreover, withholding adjudication can pave the way for sealing or expunging criminal records, thereby further mitigating the long-term impact of the criminal case on the defendant’s life.

Withhold of Adjudication in Florida: Statutes and Considerations

In the context of Florida law, the withhold of adjudication concept is governed by specific statutes and considerations:

1. Eligibility for Withhold of Adjudication

In Florida, withhold of adjudication is not a one-size-fits-all solution for every defendant. The Florida statute establishes distinct criteria that must be met in order for an individual to be eligible for this alternative outcome. These eligibility requirements often hinge on factors such as the severity of the offense in question and the defendant’s prior criminal history.

For example, first-time offenders or those charged with less severe offenses, such as certain misdemeanors or low-level felonies, may be prime candidates for withhold of adjudication. On the other hand, those facing more serious charges, such as violent crimes, sex offenses, or drug trafficking, may be precluded from this option under Florida law. Additionally, defendants with an extensive criminal record may find themselves ineligible for withhold of adjudication due to their prior history.

It is essential to note that a withhold of adjudication is not automatically granted; it is ultimately at the discretion of the court and may be influenced by factors such as the specific circumstances of the case, the defendant’s background, and any potential mitigating or aggravating factors. As such, it is crucial for defendants and their legal counsel to thoroughly evaluate their case, identify potential eligibility for withhold of adjudication, and present a compelling argument in favor of this alternative outcome.

2. Sealing of Charges

A key advantage of a withhold of adjudication in Florida lies in the potential to seal criminal records upon the successful fulfillment of court-ordered sanctions, such as probation or community service. The sealing process can serve as a significant turning point for individuals who have met the necessary requirements, as it can help reinstate certain rights and restrict the disclosure of the arrest and court proceedings associated with the case.

Sealing a criminal record removes it from public view, rendering it inaccessible to most background checks performed by employers, landlords, or educational institutions. Consequently, the process can significantly improve an individual’s prospects in various areas of life, including employment, housing, and education. However, it is important to note that sealed records may still be accessible to certain government agencies or law enforcement entities under specific circumstances.

Sealing a criminal record in Florida involves submitting a formal application to the court and, in some cases, attending a hearing. Successful sealing hinges on various factors, including the nature of the charges, the applicant’s criminal history, and their adherence to court-ordered sanctions. Working with an experienced attorney can greatly increase the likelihood of successfully sealing a criminal record, as they can help navigate the application process and advocate on the applicant’s behalf.

3. Preservation of Rights

A withhold of adjudication in Florida is crucial in preserving specific rights that would otherwise be forfeited with a formal conviction. For instance, rights such as the ability to vote, serve on a jury, or possess a firearm can be maintained when a defendant receives a withhold of adjudication. This preservation of rights can significantly impact an individual’s life, allowing them to remain active participants in society and avoid some long-term consequences of a criminal conviction.

However, it is essential to note that a withhold of adjudication may not safeguard all rights. The underlying criminal record may still affect some rights, such as the ability to hold public office or obtain certain professional licenses. Each case is unique, and the extent to which a withhold of adjudication can preserve an individual’s rights will depend on the specific circumstances and the nature of the charges.

Understanding the implications of a withhold of adjudication on one’s rights is crucial for defendants and their legal counsel when evaluating the potential outcomes of a case. By weighing the advantages and limitations of this alternative, individuals can make informed decisions about their legal strategy and better position themselves for a successful resolution.

Driver’s License Suspension

In certain situations, a withhold of adjudication in Florida can play a pivotal role in preventing a mandatory driver’s license suspension, which would otherwise be imposed if the individual were adjudicated guilty. The preservation of driving privileges can have a significant impact on a person’s life, allowing them to maintain their employment, attend school, and carry out daily responsibilities without the burden of a suspended license.

For example, some drug-related offenses in Florida may carry a mandatory driver’s license suspension upon conviction. However, if a defendant is eligible for a withhold of adjudication and successfully meets the court-ordered requirements, they can potentially avoid this suspension and retain their driving privileges. The specific charges and circumstances of each case will determine the extent to which a withhold of adjudication can protect an individual’s driver’s license.

It is crucial for defendants and their legal counsel to thoroughly examine the potential outcomes of their case and identify opportunities to preserve driving privileges through a withhold of adjudication. By understanding the implications of this alternative and presenting a persuasive argument in its favor, individuals can improve their chances of avoiding a mandatory driver’s license suspension and mitigate the impact of their case on their daily lives.

Contact an Experienced Criminal Defense Attorney

Now that you have a better understanding of what withhold of adjudication is, particularly in Florida, and how it can potentially benefit those facing criminal charges, it’s crucial to seek the guidance of an experienced Pinellas County criminal defense attorney. A skilled lawyer can help you navigate the complexities of your case, evaluate your eligibility for withhold of adjudication under Florida statute, and work to secure the best possible outcome for your situation.

Remember, knowledge is power, and being informed about your options is the first step in taking control of your legal journey. With the assistance of a knowledgeable attorney, you can face your criminal case with confidence and make informed decisions about your future.

Ultimately, withhold of adjudication is a valuable tool that can offer significant benefits to those who qualify. If you or someone you know is facing criminal charges in Pinellas County, FL, don’t hesitate to reach out to The Denson Firm to discuss your options and determine if withhold of adjudication is the right choice for your case.

The Denson Firm

Free Confidential Case Evaluation

Do you have a specific question or just need some direction?
We will review your questions and will get back to you quickly.

© 2024 The Denson Firm. All rights reserved. Cookie Policy (EU)