Can a person plead not guilty and a judge defer adjudication and then sentence someone?

Full question:

Can a person be found not guilty during a hearing before a judge, and then the judge withhold adjudication and sentence that person to probation?

  • Category: Criminal
  • Subcategory: Sentences
  • Date:
  • State: Florida

Answer:

In some cases, the court will allow a deferred or withheld adjudication. Withheld adjudication generally refers to a decision by a judge to put a person on probation without an adjudication of guilt. It means a person is not found guilty legally by the court. If the person successfully completes the terms of probation and has no subsequent offenses, no further action with be taken on the case and the offense for which adjudication was withheld is typically not considered a prior conviction. If the person does not complete the terms of probation, a finding of guilty may be entered and the person may be sentenced according to the punishments defined for the offense.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

No, adjudicated does not necessarily mean guilty. Adjudication refers to the legal process of resolving a case, which can result in a finding of guilt or innocence. A judge can adjudicate a case without declaring the defendant guilty, especially if they withhold adjudication. This means the court does not classify the individual as having a conviction.