Q: I am on house arrest / community control and do not have a felony, do I need to register at the jail? I am rather confused. I am on house arrest / community control. But if I complete all my terms I will not have any felony's on my record. The judge withheld adjudication. So since I am not a convicted felon, do I have to register myself in the felony data base? It was my understand that I did not. But now I am being told differently. Can I get someone's opinion on this issue. Thank you...
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Answered . Unless you are convicted you do NOT have to register in the felony database.
That said, if you are on CC and have a withhold then you are NOT yet out of the woods... You must first successfully complete your community based sanction because if you violate then one of the things that the Judge can do is to strip you of your withhold and instead convict you. So, stay focused on the prize (i.e. successful completion and termination of your CC).
In the interim you might consider taking a look at my Avvo Legal Guide on surviving probation / CC in Florida as it contains a great deal of information on the subject and may prove to be helpful to you. For your convenience a link follows:
Michael A. Haber, Esq.'s AVVO Legal Guide on Probation in Florida: What it is and how to survive it? http://www.avvo.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it
That said, if you are on CC and have a withhold then you are NOT yet out of the woods... You must first successfully complete your community based sanction because if you violate then one of the things that the Judge can do is to strip you of your withhold and instead convict you. So, stay focused on the prize (i.e. successful completion and termination of your CC).
In the interim you might consider taking a look at my Avvo Legal Guide on surviving probation / CC in Florida as it contains a great deal of information on the subject and may prove to be helpful to you. For your convenience a link follows:
Michael A. Haber, Esq.'s AVVO Legal Guide on Probation in Florida: What it is and how to survive it? http://www.avvo.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it
As for your "withhold", it 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).
In Florida you do not have to admit to being convicted if you only have a withhold, but if you are asked about the withhold and you do not fess up then you are likely to be branded a liar. Further, insofar as background checks go, many withholds can be sealed but you may still need to disclose even a sealed case, depending upon where you are applying, what you are applying for and the nature of the application question asked.
For more on this topic please watch my YouTube Webisode on Withholds in Florida. For your convenience a link follows:
Haber PA's YouTube Webisode on What is Withhold of Adjudication -https://youtu.be/IYsTDLEq4tc
I hope that I have been helpful in answering your question.
In Florida you do not have to admit to being convicted if you only have a withhold, but if you are asked about the withhold and you do not fess up then you are likely to be branded a liar. Further, insofar as background checks go, many withholds can be sealed but you may still need to disclose even a sealed case, depending upon where you are applying, what you are applying for and the nature of the application question asked.
For more on this topic please watch my YouTube Webisode on Withholds in Florida. For your convenience a link follows:
Haber PA's YouTube Webisode on What is Withhold of Adjudication -https://youtu.be/IYsTDLEq4tc
I hope that I have been helpful in answering your question.
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