What is an adjudication of guilt versus a withhold of adjudication?

If someone accused of a crime enters a plea of "not guilty" in court, then the accused has chosen to stand upon their presumption of innocence and to contest the charges against them. If a person maintains their plea of "not guilty" and the prosecuting authority does not drop the charges against the person or the court does not dismiss the charges, then the case will ultimately go to trial before a judge or jury to decide the person's guilt or innocence.

If someone accused of a crime enters a plea of "guilty" in court, then the accused has chosen to admit that he or she did in fact commit the crime for which they are accused. In contrast, if someone accused of a crime enters a plea of "no contest" in court, then the accused has indicated that he or she does not admit that they did in fact commit the crime, nor does he or she deny that they did in fact commit the crime. Rather, a plea of "no contest" tells the court that the accused does not contest the charges against them and that they are willing to submit to the court for sentencing. And accused may enter a "no contest" plea if he or she believes that they may be sued civilly. A plea of "guilty" can be used against a person in any civil suit for damages caused as a result of the person's crime. In contrast, a plea of "no contest" can sometimes avoid the plea being used against the person in any such civil suit.

Any plea of "guilty" or "no contest" can only be accepted by a court if the court determines that there is a factual basis to conclude that the accused did in fact commit the crime charged. Before a court can accept a plea of "guilty" or "no contest," the court must also ensure that the plea is being entered knowingly, freely and voluntarily and is the product of the persons own free will. In that regard, the court must ensure that the person entering the plea is not under the influence of any drugs or alcohol that might effect the person's ability to understand what they are doing, that no one has forced or coerced the person into entering the plea and that the person fully understands their constitutional rights, the maximum and minimum penalties associated with the crime for which they are entering a plea and the conditions of any plea agreement entered into between the accused and the prosecuting authority.

Once a plea of "guilty" or "no contest" has been accepted by a court, then the court can proceed to sentencing either at the time the plea is entered or at a later date. At sentencing, a court may either adjudicate a person guilty of the offense to which they have pled, or the court may withhold adjudication of guilt. If a court adjudicates a person guilty of the offense to which they have pled, then the person has been convicted of the crime. On the other hand, if a court withholds adjudication of guilt regarding the offense to which a person has pled, then the person, for most purposes, has not been convicted of the crime. A withhold of adjudication is often important with regard to a plea to a felony offense. If a person is convicted of a felony offense, then the person loses their right to vote, the right to hold public office and the right to own and possess a firearm. Further, it is often very difficult for a person to obtain a high-paying job if they are a convicted felon. Although a withhold of adjudication is not considered to be a conviction for most purposes, there are some circumstances in which a withhold of adjudication will be treated as a conviction. For example, for immigration purposes, a withhold of adjudication can be considered to be a conviction. Also, a person who has had adjudication withheld with regard to a felony offense may still be required to register as a convicted felon with their local sheriff’s agency. Receiving a withhold of adjudication versus an adjudication of guilt may also be important with regard to whether or not the person will later be able to seal or expunge the record.

If you are deciding whether or not to enter a plea of any kind with regard to a crime for which you have been charged, or you want to know the consequences associated with a withhold of adjudication versus an adjudication of guilt, then contact the attorneys at Faulkner Legal Group, P.A. now for a FREE CONSULTATION. Our attorneys are inexperienced with regard to such issues.