Video instructions and help with filling out and completing Are Form 843 Withheld

Instructions and Help about Are Form 843 Withheld

Headquartered in Orlando Florida the law firm of Hall Scott Magaro is comprised of aggressive criminal defense and appellate litigation attorneys standing by to help you level the playing field and what can be a very difficult time in your life what does it mean to withhold adjudication the term adjudication withheld or what it means to withhold adjudication is a term that's unique in Florida now there's other state equivalents of this but Florida calls it specifically a with hold of adjudication what this means is that you are not convicted for the purposes of that crime doesn't mean it won't show up on your record it doesn't mean that you won't have some penalties that come along with it for example a with holders education was designed to allow someone who's typically a first-time offender has a low likelihood of reoffending to escape the penalties that come with a conviction particularly a felony conviction often a court will withhold adjudication of guilt basically withholding from adjudicating someone as a felon so that they can get on with their life that they don't suffer the consequences of having their civil rights removed losing the right to vote losing the right to possess firearms however I withhold adjudication has a lot of challenges to it it isn't a blanket ability to get out of the conviction the conviction will still say on your record if you've had it with hold adjudication of guilt in most cases you'll be able to seal that immediately once you've completed all the terms that the court has imposed often this is probation sometimes it's a fine sometimes it's restitution as well once that's completed you're able to seal that record certain crimes though when you've had it with hold adjudication of guilt don't allow you to seal that record but in those that can be sealed florida statutes will allow you eventually to expunge that record but it requires a ten year waiting period after the record has been sealed this is very different from a crime that has been either pretrial diverted or null procced in general withhold adjudication is also not available for certain types of crimes for instance driving under the influence courts are not supposed to under Florida Statutes give withhold adjudication on those types of crimes similarly if you've had a with holder adjudication on a crime that requires registration with the sex offender registry in Florida you may still be able to get that withhold however you may still have to be required to register as a sex offender now withhold adjudication because it's unique to Florida isn't something that the federal government understands so often when you've had a with hold adjudication of guilt the federal government will treat that as a conviction and some other states will as well for certain purposes most recently there was a case in the Eleventh Circuit Court of Appeals this is the Court of Appeals for the Federal Circuit that covers Florida Georgia and Alabama where the Eleventh Circuit Court of Appeals certified a question to the Florida Supreme Court on what does this mean when you've had a withhold adjudication of guilt and is this considered a conviction for the purposes of federal sentencing on a felon in possession of a firearm now this is a complex question this comes up a lot in this particular instance a person had pled guilty to a crime in federal court for possession of a firearm however the head of withhold adjudication of guilt in the state of Florida and the question was is that a conviction for the purposes of federal government in this case the Florida Supreme Court answered the question to the Eleventh Circuit Court of Appeals no it is not a conviction for the purposes of federal prosecution now withhold adjudication also comes in two different flavors and this is what causes a lot of problems when you plea in a criminal case besides pleading not guilty you can plead nolo contendere or you don't wish to contest the charges against you you can also plead guilty withhold adjudication of guilt has nothing to do in the state of Florida with whether you chose to plead no contest or plead guilty however that distinction is unique and valid when it comes to federal law this is the question that was certified to the Florida Supreme Court by the Eleventh Circuit if you plead guilty is that an adjudication of guilt so withhold adjudication while it is powerful for many different mechanisms and it is powerful to help you get out of the conviction it isn't always something that is going to be as straight forward it's important to hire an attorney that understands the challenges of a withhold adjudication of guilt and what that means to you from a an ongoing standpoint it might seem like you're getting out of a conviction but you may not necessarily be doing so if you need aggressive and effective criminal defense and appellate litigation support for your case or for your loved one the law firm of Hall Scott Magaro located in Orlando has over 55 years of combined experience our attorneys are dedicated to pursuing justice for you to help you stay out of trouble