Withhold of adjudication: what everyone needs to know.

Florida Bar JournalVol. 82 Nbr. 2, February 2008

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Florida

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Withhold of adjudication: what everyone needs to know.

For the benefit of those of you who haven't thought about criminal law since law school, Florida judges have a special authority vested upon them to "withhold adjudication" in a criminal matter pursuant to F.S. [section]948.01. The statute provides the court with the ability to withhold adjudication after the imposition of a probation sentence without imposing upon the defendant a conviction and the collateral consequences that accompany a conviction. (1) This judicial election can have far-reaching implications not only in the criminal arena, but also in civil matters.

Many of us who regularly practice criminal law have traditionally viewed a withhold of adjudication as a logical compromise for the amicable resolution of criminal cases. In those cases, the defendant consents to the payment of fines and a term o...

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