Saturday, October 11, 2014

Withhold / Withhold of Adjudication / Not Guilty / Plea / Disposition / Sentence / Criminal History / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:  What does adjudicated not guilty mean?  I plead to solicitation of a minor. And a friend informed me in my case it states adjudicated not guilty. What does that mean?

A:  I think that you have wrong / incorrect information. 

It is legally impossible for you to both enter a plea and have a not guilty.

You can only have a not guilty if you are acquitted by a jury (or where a plea of not guilty is entered and the case remains open).

If you entered a plea then its likely that you have a "withhold of adjudication".

A "withhold" is a legal concept which the Florida Supreme Court has recognized as being a means to withhold the adjudication of guilt (conviction) even though you have been found guilty by a Court. It is recognized as a matter of Florida law but this is not necessarily true as far as other jurisdictions are concerned (i.e. other sovereigns, be them States or not, do not have to recognize the "withhold" as a legal entity and may, as the federal court system chooses to do, instead consider a withhold to be the very same thing as a conviction).

I suggest that you look for yourself and see exactly what the Clerk's docket says (as opposed to relying upon either what your friend told you or what you think that your friend told you). If you still do not understand then either call the lawyer who helped you ( and who should have made damn sure that you understood what you were doing before you did it) or call the Clerk of Court directly and ask them to clarify your sentence and disposition.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

Michael A. Haber, P.A.:  Zealous criminal defense advocacy since 1991 for both juveniles and adults, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  At Michael A. Haber, P.A. "its all about reasonable doubt"!

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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