The Firing Line Forums - View Single Post - Domestic Violence Adjudication Witheld???

Willie Sutton · July 8, 2012, 10:23 AM

From one of the many "free legal advice" providers, it is not a "Conviction", thus the legal answer to "have you ever been convicted of a xxx" is "No", and thus it's not a disqualifying event. Rationally, why would Florida allow someone to be issued a CCW but not be permitted to own a frearm?

Generic answer:

"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 for purposes of habitual offender sentencing. 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"

Answer provided by a Florida criminal defense attorney;

"Your original crime occured in the State of Florida. You entered a plea, of course, in Florida. At the time of sentencing, you were NOT adjudicated guilty. As such, you were NOT a convicted felon. Therefore, pursuant to the laws of Florida, you did not lose your civil rights and you were not prohibited from owning or possessing a firearm.As Florida does not prohibit you from owning a firearm, neither will any other state. You should feel free to purchase a firearm.As to this charge, any time you are asked the question of having been CONVICTED of a crime, you can lawfully say not. Assuming it is not a prohibited offense, and you've never been convicted of any other crime, you might want to consider having this offense sealed. Such an action might help eliminate any problems in the future."

As always, asking an attorney who YOU pay for adviice is the only real advice to trust. With that said, I'd expect one of our friendly "I am a lawyer, but not YOUR lawyer" members to add to the conversation.

Willie

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July 8, 2012, 10:23 AM	#2
Willie Sutton Junior member Join Date: January 26, 2012 Posts: 1,066	From one of the many "free legal advice" providers, it is not a "Conviction", thus the legal answer to "have you ever been convicted of a xxx" is "No", and thus it's not a disqualifying event. Rationally, why would Florida allow someone to be issued a CCW but not be permitted to own a frearm? Generic answer: "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 for purposes of habitual offender sentencing. 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" Answer provided by a Florida criminal defense attorney; "Your original crime occured in the State of Florida. You entered a plea, of course, in Florida. At the time of sentencing, you were NOT adjudicated guilty. As such, you were NOT a convicted felon. Therefore, pursuant to the laws of Florida, you did not lose your civil rights and you were not prohibited from owning or possessing a firearm.As Florida does not prohibit you from owning a firearm, neither will any other state. You should feel free to purchase a firearm.As to this charge, any time you are asked the question of having been CONVICTED of a crime, you can lawfully say not. Assuming it is not a prohibited offense, and you've never been convicted of any other crime, you might want to consider having this offense sealed. Such an action might help eliminate any problems in the future." As always, asking an attorney who YOU pay for adviice is the only real advice to trust. With that said, I'd expect one of our friendly "I am a lawyer, but not YOUR lawyer" members to add to the conversation. Willie . Last edited by Willie Sutton; July 8, 2012 at 10:31 AM.