What is Withhold of Adjudication?

Withhold of adjudication is a legal term that means a judge gives penalties without putting a conviction on a person’s record, even if they admit guilt or are found guilty. This helps people keep some rights and chances while they do what the court says, like probation or community service. It’s important to understand who can use this option and what it means for their future.

Legal Definition and Basic Concept

A “withhold of adjudication” is a legal decision in criminal cases where a judge decides not to officially convict someone who either admitted guilt or was found guilty.

This means the person is considered guilty, but it’s not marked as a conviction on their record.

The court can still give punishments like community service, fines, or probation. The person has to follow these rules.

This decision is important because it can help the person keep certain rights and job chances. They can say they haven’t been convicted of a crime, which can be helpful when applying for jobs or other opportunities.

Historical Background of Withholding of Adjudication

In the 1950s, judges wanted more ways to sentence people without giving them a criminal record. In 1959, Florida started using a new method where judges could delay the final judgment and keep an eye on people through probation. This method is called “withhold of adjudication.”

During the 1960s and 1970s, people wanted the justice system to help offenders become better people instead of just punishing them. So, many states started using this idea.

They saw it as a good way to help certain offenders avoid having a criminal record. At first, this was only for small crimes and first-time offenders. But over time, it was used for more types of non-violent crimes.

States That Allow Withhold of Adjudication

In the United States, some states let courts decide not to fully judge a case, which is called “withhold of adjudication.” This means the court does not make a final ruling of guilt.

Florida uses this system the most, letting it apply to both small crimes (misdemeanors) and bigger ones (felonies). Texas has something similar called “deferred adjudication.” Georgia uses “first offender treatment” for people who have never been in trouble before.

In Michigan, young people can get help through the Holmes Youthful Trainee Act. Some states, like Louisiana, Mississippi, and Virginia, have smaller versions of this system. They usually only use it for certain crimes or people in trouble for the first time.

In California, there’s a system called “deferred entry of judgment,” which works a bit like a withhold of adjudication but is not exactly the same.

In some places, the law must say that judges can use this option. In other places, judges can decide based on past court cases.

Does Colorado Allow Withhold of Adjudication?

In some U.S. states, courts have the option to “withhold adjudication” in criminal cases.

Colorado, however, does not have a formal “withhold of adjudication” statute. Instead, the state offers its own version of alternative sentencing through programs like deferred judgment and sentence (DJS) and diversion programs, particularly for first-time or low-level offenders.

Deferred Judgment and Sentence (DJS) in Colorado

Under Colorado law, a deferred judgment allows a defendant to plead guilty to a charge, but the court delays entering the judgment of conviction. The defendant is placed on probation for a specific period, and if they successfully complete all the terms of their probation, including staying out of legal trouble, paying fines, and attending treatment, the case is dismissed, and no conviction is entered.

However, if the defendant violates the terms of the agreement, the court can revoke the deferred judgment, enter a conviction, and impose a sentence. Deferred judgments are commonly used in non-violent or first-time offender cases but require approval from the prosecutor and sometimes the court.

Diversion Programs

Colorado also offers pretrial diversion programs for eligible individuals, particularly juveniles or adults facing lower-level offenses. These programs allow someone to avoid entering a plea altogether. If the participant completes all program requirements, charges are dropped before ever being formally adjudicated

Eligibility Requirements for Defendants

To be considered for a deferred judgment in Colorado, a defendant through their attorney must formally request this option before sentencing. This typically involves filing a motion and presenting the court with compelling reasons why the defendant is a good candidate for this alternative resolution.

During the court hearing, the defense attorney may submit evidence and arguments highlighting the defendant’s background, character, and efforts at rehabilitation. The court will consider several key factors, including:

• The nature and severity of the offense

• The defendant’s criminal history, if any

• Whether the defendant poses a risk to the public

• The likelihood that the defendant will successfully complete the terms of probation

Ultimately, the judge has full discretion to grant or deny a deferred judgment. If approved, the defendant will be placed on probation under specific terms. Successful completion can result in dismissal of the charges, avoiding a permanent conviction on their record.

Process of Requesting a Withhold

Defendants who want a “withhold of adjudication” must meet certain rules set by the state and the court. This usually means asking the court through a lawyer or talking about it when making a plea deal with the prosecutor.

• The defendant needs to give the court papers that explain why they should get a withhold. These papers should include a written request and any proof that shows they meet the rules.

• The court will look at the defendant’s past crimes, the current crime, and any reasons that might make them deserve a break.

• If the judge says yes during a plea deal, they will officially note the withhold and list any conditions the defendant must follow. This could include things like being on probation, paying back money, or completing programs ordered by the court.

To get a withhold, everything must be done correctly and on time.

Types of Crimes Qualifying for Withhold of Adjudication

Crimes that might get a “withhold of adjudication” are usually less serious. This means the person might not get a conviction even if they did something wrong. First-time minor crimes and some non-violent felonies can get this.

Examples are having a small amount of drugs, stealing something cheap, driving without a valid license, and small property crimes.

Serious crimes like violent felonies, sexual crimes, and driving under the influence (DUI) usually can’t get a withhold of adjudication. People with past crimes might also have trouble getting this.

Some places have special rules on what crimes can’t get this, while other places let judges decide more freely. Federal crimes usually don’t allow for withhold of adjudication since it’s mostly a state court option.

Benefits of Receiving a Withhold of Adjudication

A withhold of adjudication is a special legal outcome that offers several important benefits compared to a regular conviction.

It helps people keep certain rights and opportunities they might lose if they were fully convicted.

• You can say you haven’t been convicted of a crime on job and housing applications.

• You keep your rights, like voting, serving on a jury, owning a gun, and having professional licenses in many places.

• After doing what the court asks, you might be able to seal or clear your record, so the case doesn’t show up in public records.

These benefits make a withhold of adjudication a good choice for people who qualify.

Court-Ordered Conditions and Requirements

When a court withholds an adjudication, it means you have to follow certain rules. These might include things like finishing probation, paying fines, doing community service, going to counseling or rehab, and keeping a job. The court sets deadlines for these tasks.

You also can’t get into more trouble while on probation. You might have to check in with a probation officer and take drug tests. Sometimes you have to pay back victims or take anger management classes.

The court may add other rules depending on what you did. If you don’t follow these rules, you could end up with a formal conviction.

Impacts of Withhold of Adjudication

A withhold of adjudication can change parts of a person’s life, especially when they are applying for jobs or housing.

This shows up on a criminal record, but many bosses and landlords might think it’s better than a real conviction.

But, for immigration, it might still be seen as a conviction, which could affect things like getting a visa or becoming a citizen.

Impact on Background Checks

When someone has a “withhold of adjudication,” it can show up differently on background checks, depending on where you are and who’s doing the checking.

• Private Companies: When they look into your past, they might see the withhold as a court decision. But in some places, they can’t show it after a certain time.

• Federal Checks: These are very detailed and will almost always find withholds because they dig into all court records.

• State Checks: States have their own rules. Some might hide or not show withholdings, especially if you’re applying for a job.

Knowing the rules where you live and what kind of check is being done is important to understand how a withholding might affect you.

Employment and Housing Considerations

A withhold of adjudication can help legally, but it might still affect jobs and housing.

Employers and landlords often do background checks that show the original arrest, even if the court didn’t convict. Private companies can choose who they hire and might treat a withhold like a conviction.

Some jobs, especially those needing special licenses, might not hire you if there’s a charge, even with a withhold.

Landlords and housing programs also look at criminal records, and a withhold might impact your rental application.

It’s important to be honest about withhold on applications to avoid problems later.

Immigration Consequences

Beyond job and home issues, immigration consequences of a withhold of adjudication need careful thought. Even if it seems like a good deal in state court, federal immigration law often sees a withhold of adjudication as a conviction.

According to the U.S. immigration law, a guilty plea or a plea of “no contest” (nolo contendere), along with any punishment imposed by the court, is considered a conviction. This includes any form of punishment, such as jail time, probation, fines, costs, or mandatory attendance at classes. 

People who are not citizens and who face criminal charges should talk to immigration lawyers. A withhold can lead to deportation or mess up chances for becoming a citizen.

Even small crimes with a withhold can hurt immigration status, especially for crimes related to dishonesty or drugs.

Role of Defense Attorneys

Defense attorneys play a crucial role in helping clients avoid a permanent criminal conviction through options like a withhold of adjudication or deferred judgment (as it’s called in some states, including Colorado). Their job is to build a strong case for why their client deserves a second chance and advocate for outcomes that protect their client’s future.

To do this effectively, an experienced defense attorney will:

• Thoroughly review the facts of the case to identify any weaknesses in the prosecution’s evidence.

• Evaluate the client’s eligibility for a deferred judgment based on criminal history, type of offense, and other legal criteria.

• Engage in pretrial negotiations with the prosecutor to explore options like plea agreements or diversion programs.

• Advocate in court for leniency by presenting evidence of the client’s good character, lack of prior offenses, or efforts to rehabilitate (such as counseling or community service).

• Help protect the client’s future, including their employment opportunities, housing access, and immigration status, by aiming to keep their record clean.

Defense attorneys also consider broader factors, such as the wishes of any victims and public safety, while showing the court that their client is committed to making positive changes.

Common Mistakes to Avoid

When trying to get a withhold of adjudication, which helps avoid a permanent criminal record, it’s important to avoid common mistakes.

Here are some things to watch out for:

• Not telling the court about past crimes or previous withholds from different places can get you disqualified. You might even face charges for lying.

• Missing court dates or breaking rules while waiting for trial can make a judge say no to your request, even if you usually would be allowed to get a withhold.

• Asking for too many withholds in a short time can make judges suspicious. Courts usually have rules about how many times you can get a withhold in a certain period.

Sealing Records After Withhold of Adjudication

After a person gets a withhold of adjudication, they can do more to protect their record by sealing it. This means most people can’t see the record, giving better privacy.

To seal a record, a person must follow certain rules. They need to finish all court orders, keep a clean record for a set time, and not have any crimes that stop them from sealing.

The process includes filling out forms, getting official papers, and giving fingerprints for background checks.

When a record is sealed, it becomes private. Most people and companies can’t see it. But some government groups, like the police and those giving professional licenses, can still look at it.