What does it mean when the judge says he is with holding adjudication?

Get Legal Help Today

 Secured with SHA-256 Encryption

What does it mean when the judge says he is with holding adjudication?

I was told by the judge that he was going to with hold adjudication upon my sentence requirements being met. The sentence was 18 months probation.

Asked on May 8, 2009 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Deferred adjudication is available in some jurisdictions for first time offenders for certain offenses. It often involves probation, treatment programs, and/or some type of community supervision. If all the conditions of probation are met for the allotted time handed down by the court, the offender can avoid a formal sentence, and in some jurisdictions, no permanent record of the crime will be made. Typically, at the end of the probationary period the charge will be dismissed and no record of conviction will result. Deferred adjudication may be available to eligible defendants upon recommendation by the prosecutor or at the discretion of the court. 

Note, DO NOT violate the terms of your probation or you will have to serve your sentence.  Also, some jurisdictions will not show a conviction on your record  but they still may show an arrest.  You may want to ask the court or an attorney licensed in Florida about this.  To get the arrest record cleared you would have to have it "expunged".

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In simple words, the judge is going to wait, before he actually finds you guilty.

This is a good thing, for you.  You are a first offender, and the judge is giving you the chance to do your probation, without getting into any more trouble.  If you can do that -- do everything you are told to do (and not do everything you are told not to do!) as part of your probation, not get arrested, the charges will be dropped, and you will not have a conviction on your record.

On the other hand, if you get into more trouble, before the charges are dropped, you will have the original conviction, plus whatever else you get for any new arrest, and you'll be a multiple offender, with a good chance of going to jail.

Quite literally, this is a once-in-a-lifetime opportunity.  Don't blow it!


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption