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Withhold of adjudication of guilt

Posted by John Rutkowski | Sep 16, 2017 | 0 Comments

The trial court erred by finding that by imposing a suspended sentence in conjunction with modifying defendant's probation it was without discretion to also withhold adjudication of guilt. A suspended sentence is not equivalent to a prison sentence so the court had discretion to withhold adjudication while imposing a suspended sentence.

A withholding of adjudication is not a conviction. By adjudication being withheld an individual may honestly state that he or she has never been convicted of the crime and he or she may apply to have the case seal and/or expunged.

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John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-three years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.


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