When you are arrested for a crime, it can be a scary and confusing time. There are many legal terms that the general public might not understand, such as adjudicated guilty. If you have been arrested for a crime, working with a Clearwater criminal defense attorney is in your best interests.
With an experienced criminal defense attorney, they will work with you to lead an aggressive legal defense and ensure you have a good understanding of the overall process — and potential consequences — of your case within the criminal justice system.
What Does Adjudicated Guilty Mean?
Adjudicated guilty is a legal term used in a criminal case. The term adjudicated guilty can be used whether you plead no-contest, plead guilty, or plead not guilty and go to trial. If you go to trial – after the evidence is weighed and examined and witnesses or experts have completed their testimony, it is time for the decision. If you are found guilty after that is the sentencing phase.
During the sentencing phase, the judge may determine you adjudicated guilty of the crime, which means you are convicted for that crime in a court of law. Adjudicated means the act of pronouncing or declaring by a judge. In this context, adjudicated guilty of the crime that you were accused of by law enforcement.
Alternatively, a judge can withhold adjudication.
What Does Adjudication Withheld Mean?
The judge, generally speaking, has wide discretion in deciding on a case. They do have to follow statutes, but depending on your case’s circumstances, the judge may decide to rule the adjudication withheld in your case. Meaning – it would not be a conviction.
Some of the factors that a judge will consider in determining adjudication include any prior criminal record, your age, the particular facts of the case, and the type of offense.
Note: there are restrictions to getting an adjudication withheld in your case. Florida law does not allow certain crimes – such as DUI – to be eligible for adjudication withheld, including cases against juveniles. The only way to be eligible for withholding of adjudication is if the DUI charge from law enforcement is reduced to a lesser offense, another critical reason to have a skilled, experienced Clearwater criminal defense attorney.
What are the Consequences of Adjudicated Guilty?
Since adjudicated guilty does mean you are convicted of the crime you were accused of, there are both short and long-term consequences. Whether it is for a misdemeanor or a felony, the consequences of being adjudicated guilty are very serious and can include:
- Fines and fees in the hundreds or thousands of dollars
- Jail time
- Suspension or Loss of Driver’s License
- Community Service
- Ignition Interlock
- DUI School
Depending on the crime, there are often ranges in such penalties as fines, jail time, probation, and others. A criminal defense attorney will work hard in your defense against a conviction and works to get the best outcome of the case if you are adjudicated guilty. This means that a good defense attorney will argue/negotiate your case to reduce fines, jail time, probation, and other potential outcomes. They may even be able to help you keep your driver’s license – or reduce the time of suspension.
Other Potential Consequences of Being Adjudicated Guilty
In addition to the above possibilities, if you are adjudicated guilty, there can be repercussions on your ability to continue working in your chosen career field or get a job. There may also be difficulty in leasing an apartment or house as it affects your future insurance rates.
The most daunting problem with being adjudicated guilty is that it prevents a sealing or expunction of your criminal record. One such adjudication can completely prevent that from happening. My office frequently seals or expunged criminal records. Per Florida Statute, one adjudication on a criminal case prevents any subsequent sealing or expunction. Sealing or expunction means eliminating the portion of the record you wish to prevent people doing background checks from finding.
Dean Tsourakis – Clearwater Criminal Defense Attorney
Dean Tsourakis is a highly skilled and experienced criminal defense attorney. He has worked on “both sides of the table” for many years as both a prosecutor and a criminal defense attorney. Doing so has given him a comprehensive understanding of the law and how to develop the right legal strategies to get the best outcome possible for his clients in a criminal case in the state of Florida.
Are you concerned about being adjudicated guilty? Contact the law office of Dean Tsourakis for a free consultation today. It is critical to get appropriate legal representation as quickly as possible.on Feb 15, 2021