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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.

About the Author

John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.

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