Last updated December 2025
What Fort Lauderdale Defendants Need to Know (2025 Update)
If you’re facing criminal charges in Florida, one of the most important questions is whether the court will adjudicate you guilty or withhold adjudication.
This single decision affects:
Your civil rights
Your criminal record
Your ability to seal or expunge your case
Employment and housing opportunities
Professional licensing
Your future in and outside Florida
At Michael White, P.A., we fight aggressively to secure withholds whenever possible, because they protect your future in ways a conviction never can.
📍 Serving clients in Fort Lauderdale, Broward County, Miami-Dade, and Palm Beach.
❌ What Happens If You're Adjudicated Guilty?
An adjudication of guilt is a formal conviction under Florida law.
If the judge adjudicates you guilty:
🔒 You lose significant employment and housing opportunities
🧾 Many professional licenses become unavailable or require disclosure
🔫 Firearm rights are lost in many cases (state and federal)
⚖️ You cannot serve on a jury
🚫 You become ineligible to seal or expunge that record for life
And keep in mind:
📊 FDLE records show more than 770,000 convictions in the last five years—most are not sealable and stay public forever.
A conviction follows you long-term unless you receive rare post-conviction clemency.
✅ What Is a Withhold of Adjudication?
A withhold of adjudication means:
The court finds you guilty or you plea out
BUTThe judge does not formally convict you
In Florida, this is one of the most important protections available in criminal court.
A withhold allows you to:
✔️ Legally answer “No” when asked if you’ve ever been “convicted of a crime”
✔️ Avoid certain civil right losses
✔️ Potentially seal the case later (if eligible)
✔️ Avoid many career and housing consequences
✔️ Avoid mandatory federal collateral consequences tied to convictions
Judges often consider withholds when:
It’s your first offense
Your behavior is out of character
You’ve completed treatment or classes
The victim supports leniency
You’re in a diversion or first-offender program
Your defense attorney presents mitigation early
🎯 Key Withhold Rules in Florida
🚫 You cannot receive a withhold on a DUI.
By statute, DUI requires mandatory adjudication.
🟥 Capital, life, and most first-degree felonies
Not eligible for withhold.
🟧 Second-degree felonies
Can receive a withhold only if:
The prosecutor agrees OR
The judge makes specific written findings supporting the withhold
🟨 One withhold per lifetime — with limited exceptions
If you’ve already received a withhold, a second one is only possible if:
The prosecutor consents, or
The judge makes required findings (rare)
📝 Important Scoresheet Rule
For sentencing purposes under the CPC, a withhold is treated the same as a conviction when calculating scoresheet points — it only affects the final outcome, not the point total.
🌎 Outside Florida, a Withhold May Not Protect You
Other states — and the federal government — often treat a Florida withhold as a conviction.
This matters if you:
Apply for federal jobs or benefits
Move out of state
Apply for immigration benefits
Hold or seek professional licenses
Face federal charges
➡️ A withhold is a powerful Florida-specific protection — but not bulletproof.
🛡️ How We Fight for Withholds in Fort Lauderdale Courts
Whether you’re charged with theft, drug possession, battery, fraud, or other offenses, our goal is to:
Negotiate dispositions eligible for withholds
Present mitigation early to prosecutors
Argue statutory factors supporting a withhold
Prevent adjudication whenever possible
Protect your eligibility for record sealing
Avoid lifelong conviction consequences
At Michael White, P.A., we have extensive experience securing withholds across Broward, Miami-Dade, and Palm Beach.
📞 Call (954) 350-0595 or request a free consultation.
❓ FAQs About Withholds & Adjudication in Florida
Q: Can a withhold help me avoid a criminal record?
Yes. A withhold prevents a conviction and may allow you to seal the charge, depending on eligibility.
Q: Will employers see a withhold?
Possibly. A withhold is not a conviction, but background checks may show the arrest or charge unless sealed.
Q: Can I receive a withhold if I already had one?
Only if the prosecutor agrees or the judge makes special findings. Otherwise, a second withhold is generally not allowed.
Q: Is a DUI eligible for a withhold?
No. All DUIs require adjudication under Florida law.
Q: Can a withhold help with immigration issues?
Not always. Federal immigration law may treat a withhold as a conviction.