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    momasz1's Avatar
    momasz1 Posts: 1, Reputation: 1
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    #1

    Jul 23, 2012, 04:20 PM
    Is it still a felony if I had adjudication withheld
    I was charged with a felony but pleaded nolo contendre and got adjudication withheld so am I a felon?
    ali18ninja's Avatar
    ali18ninja Posts: 159, Reputation: 16
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    #2

    Jul 23, 2012, 09:13 PM
    Well if I'm not mistaken, have adjudication withheld is sort of like avoiding a conviction am I right? In that case, you are not convicted but I believe you still have to perform probation or something in other for it not be a conviction. So your charges are "pending" until you complete it. You are still charged for all legal purposes.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jul 26, 2012, 10:37 AM
    Quote Originally Posted by ali18ninja View Post
    Well if I'm not mistaken, have adjudication withheld is sort of like avoiding a conviction am I right? In that case, you are not convicted but I believe you still have to perform probation or something in other for it not be be a conviction. So your charges are "pending" until you complete it. You are still charged for all legal purposes.

    Please stop guessing at answers on the legal boards. Yes, you are mistaken.

    Here's the info: "Only after you have been found guilty can the court consider the adjudication. You cannot be adjudicated guilty unless you have first been found guilty by the court. After a finding of guilt the court has the option of adjudicating you guilty or withholding the adjudication of guilt. By adjudicating you guilty the court is convicting you of the crime. If the offense is a felony the loss of your civil rights will occur. Being adjudicated guilty also makes you ineligible to have any criminal history record sealed or expunged.

    Again, you cannot have adjudication withheld unless you have first been found guilty by the court. After a finding of guilt the court has the option of adjudicating you guilty or withholding the adjudication of guilt. By withholding the adjudication of guilt the court is not convicting you of the crime. If the offense is a felony you will not lose your civil rights. Having the adjudication of guilt withheld also leaves you eligible to have your criminal history record sealed or expunged so long as you do not have an adjudication of guilt in any other case and the offense qualifies."

    What is a "Withhold of Adjudication" in Florida (Also Called "Adjudication Withheld")? - Avvo.com
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