Category: Sentencing · Statute: F.S. 948.01 · Source: Florida Legislature
Understanding Withhold of Adjudication in Florida
In Florida, a withhold of adjudication is a unique sentencing disposition governed by Florida Statute Section 948.01. It occurs when a judge determines that a defendant is unlikely to engage in a criminal course of conduct and that the ends of justice do not require a formal conviction. Under this mechanism, even if a defendant pleads guilty, pleads no contest, or is found guilty at trial, the court declines to enter a formal judgment of guilt. Instead, the defendant is typically placed on probation or community control. If they successfully complete the court's conditions, the case is resolved without a permanent criminal conviction on their record.
While a withhold of adjudication allows individuals to avoid the civil disabilities associated with a felony conviction—such as losing the right to vote or possess firearms—it is not an acquittal. The record of the arrest and the plea remains visible to the public unless it is sealed. Furthermore, federal agencies, immigration authorities, and certain state licensing boards may still treat a withhold of adjudication as a conviction for their specific regulatory or deportation purposes. Florida law also restricts this option; it is generally unavailable for certain serious violent offenses or if a defendant has prior felony convictions.
Impact on Bail and Pretrial Release
A withhold of adjudication directly impacts pretrial release and bail considerations in subsequent arrests. Under Florida's criminal history scoring system, a prior withhold of adjudication still counts as prior record points, which can elevate a defendant's overall score and influence a judge's willingness to grant a low bail amount or release on recognizance. Additionally, if a defendant is currently on probation under a withhold of adjudication and is arrested for a new offense, they face a violation of probation. In Florida, a violation of probation arrest typically results in the defendant being held in jail with no bond until they appear before the sentencing judge.