I am going to assume that your question is asking what a "withhold of adjudication" means. When an individual is charged with a crime and resolves their case, they can either be: 1) CONVICTED or adjudicated guilty of the offense, or 2) they can have the judge issue a "withhold of adjudication" and place them on probation. Typically, a "withhold" is only offered to first time offenders or those with a relatively minor criminal history. Certain crimes such as DUI and Fleeing and Eluding...
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If the State of Florida charges you with a Residential Burglary, that is a Second Degree Felony punishable by up to 15 years in prison. In a pure legal sense, you cannot steal your own property, so you may have a valid defense on the Grand Theft charge. Furthermore, if the theory of the Burglary is that you entered the home with the intent to "steal property" (yet that property was yours), then the State will also have a difficult time proving the Residential Burglary. You should consult...
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If a jury already decided that your husband was NOT GUILTY of the criminal charge, then he cannot be retried on that same charge as that would constitute "double jeopardy." Sounds like you need a divorce attorney, not a criminal attorney. Good luck!!
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As stated by the first two attorneys, this charge will show up on a background check (even if adjudication was withheld). Our Office handles many Sealing and Expungement cases in Pinellas County and throughout the Tampa Bay area. Because you received a "withhold of adjudication," instead of a dismissal or Not Guilty verdict at Trial, you would only be eligible for a Sealing of that arrest record. However, there is very little practicle difference between the two. If you have any...
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Animal Cruelty cases are always tough to handle because there is an emotional element, but if you have no prior record, the Hillsborough County State Attorney's Office is usually pretty reasonable. You may be able to get the charge reduced to a misdemeanor and/or avoid a conviction and/or be eligible for a Pre-Trial Diversion program. There are lots of options that an experienced criminal defense attorney can discuss with you. If you have any specific questions and/or would like to meet...
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I agree with all of the previous attorneys' answers. Your friend should NOT "plead guilty to get it over with." There's the possibility that his Burglary charge can be reduced or his sentence can be mitigated (based on a number of different factors). A prior attorney made a good point about your friend being eligible to be sentenced as a "Youthful Offender," which could possibly allow him to avoid being convicted or going to prison. An attorney should be consulted with on this matter....
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Quite simply, PBL stands for "punishable by LIFE." Whoever "he" is, that person needs an experienced and aggressive criminal defense attorney that is familiar with the practice of the Pinellas County criminal justice system. Generally speaking, a Robbery can be enhanced to a PBL Armed Robbery if a firearm is used. Furthermore, these cases generally fall under Florida 10/20/LIFE law, so while the Maximum penalty is LIFE in prison (w/o parole), there may also be a "mandatory/minimum"...
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Robbery by Snatching is a Third Degree Felony, Level 5 offense, which is punishable by up to five (5) years in the Florida State Prison system. As far as the media is concerned, you really don't have any control over what people write or post on the Internet. I'd try not to focus on that and get a good attorney to help you out in this situation. There is no "minimum" sentence. Assuming you have no prior criminal record, you may not score "mandatory" prison. That doesn't mean you can't,...
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I agree with the previous attorney. My Office handles criminal and traffic matters such as this. We also consult with an experienced, local immigration attorney that can advise him on any potential consequences as it pertains to deportation and/or becoming a legal resident. Feel free to contact my Office with any questions or to set up a free consultation. Good luck, Aaron J. Slavin, Esq. SLAVIN LAW FIRM, LLC 4707 140th Avenue North, Suite 211 Clearwater, Florida 33762 727.474....
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Please know that the Pinellas County State Attorney's Office aggressively prosecutes Domestic Violence case -- especially if they are Felony charges (like Domestic Battery by Strangulation -- which seems to be the charge that your boyfriend is looking at). You should contact an experienced criminal defense attorney who is familiar with the Pinellas County criminal justice system and knows how to handle these types of cases. I agree that a written and sworn "Request Not to Prosecute" and "...
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