What Does “Adjudication Withheld” Mean In Domestic Violence Cases?

The average person tends to think that in a criminal proceeding, one may be declared guilty or innocent, with no other options. In reality, a judge may place you in a different status, usually while you complete required conditions or while awaiting another decision. One of the most common in domestic violence cases is called ‘adjudication withheld,’ and at first, it can seem as though a person in this status has escaped all consequences for their alleged crime – but the reality is more complex.

Legal Limbo

Adjudication withheld simply means that adjudication – reaching an official verdict of guilty or innocent – has been withheld, meaning not officially entered into the record. This is a status most often seen after a plea-bargain – if one is found not guilty, after all, one is acquitted, with no need for withholding. If a person pleads guilty or no-contest (when a defendant neither admits nor denies the charges against them), however, a judge may withhold adjudication.

The reason to withhold adjudication in most cases is to allow the defendant to complete probation or a diversion program. In most cases, adjudication is withheld so that if the defendant successfully completes the probation or other conditions laid out by the court, the charge will be dropped. The Florida legislature held that some defendants, particularly those who have not been in trouble with the law before, should have the chance to be ‘rehabilitated’ instead of having a conviction on their record.

Domestic Violence Cases Are Different

While having adjudication withheld can help a person avoid a criminal record, the potential penalties in domestic violence cases tend to be imposed regardless of whether a person has adjudication withheld or not. For example, even if a judge grants that status, they will still likely require the defendant to attend a batterers’ intervention program, In addition, domestic violence offenses are not able to be sealed under Florida law, while record of other offenses may be expunged or sealed.

For some people this is still the right option, as opposed to risking one’s freedom by going to trial. However, before making a plea, both you and your attorney need to understand the potential risks – for example, certain professional licenses cannot be obtained or renewed if you have a criminal record, even if you were not convicted. What is best for any one defendant will depend on a number of factors, and you need a good attorney by your side who will help protect your rights.

Contact A West Palm Beach Domestic Violence Attorney

Domestic violence offenses are taken very seriously in Florida, and if a person can have adjudication withheld, it can help them avoid a criminal record – but it is more difficult than it would be for other crimes. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help answer questions about withholding adjudication and about these cases in general. We are ready to try and assist you – call our office today to speak to an attorney.