What is the Difference Between a Withheld of Adjudication and An Adjudication?
Question: What is the Difference Between a Withheld of Adjudication and An Adjudication?
This can make all the difference in a particular sentence or disposition. For instance, in a misdemeanor context, let’s say possession of marijuana, if you have two individuals, one of which is adjudicated and the other had adjudication withheld but had the exact same terms of his sentence or her sentence, then one person will have a one year suspension of the license by virtue of conviction, that’s what adjudication really means, is conviction, and the other will not.
In a felony context, if you have someone that’s charged with a felony crime and they are adjudicated and another person was charged with the exact same crime, with the exact same terms, is withheld adjudication, that means that the person that was adjudicated or convicted is now a convicted felon. Whereas the other individual, who received the withhold, is not a convicted felon and will remain with the right to vote, the right to bear firearms, the right to run for public office. All of these things are civil rights that are preserved by a withhold of adjudication.