Part of why it is so important to have a skilled Florida criminal defense attorney on your side is that they may know about plea options that most people don’t know about. In other words, they may be able to ask the prosecutor for a plea deal that can help a defendant avoid some of the most harmful consequences of a conviction. Asking the judge to withhold adjudication is one of these potential options.
Florida law has a statute that allows judges to withhold adjudication in some circumstances. When adjudication is withheld, the defendant will usually have some kind of penalty, but since it is not a conviction it will not be on their record. The penalties vary but frequently include some kind of diversion program, counseling, probation, and/or community service hours. Of course the defendant needs to complete all of the requirements imposed by the court or else they will be convicted.
The main benefit of a withholding of adjudication is that the defendant will still have a clean record if this is their first offense. This can be a huge benefit when looking for employment, as many employers will ask applicants whether they have been convicted of a crime. If your adjudication has been withheld, you can honestly answer “no.” However, applicants should read the question closely because sometimes potential employers will ask instead whether applicants have been arrested, which defendant would then have to answer “yes” even if the conviction was withheld.