At what point in a DUI case can a withheld judgement be requested?

Asked over 2 years ago - Nampa, ID

My lawyer told me to plea guilty and after I have completed all the court requirements including probation I can ask for a with held is that true?

Attorney answers (2)

  1. Elisa G. Massoth

    Contributor Level 6


    Best Answer
    chosen by asker

    Answered . A withheld judgment is a two step process. You ask for it when you are sentenced and you ask for it again, via a motion, affidavit, and order after you have completed probation. You must have a probation violation free term of probation to successfully get the withheld judgment. Until you have taken the second step in the process, you are considered convicted of the crime under Idaho law. Additionally, even with a withheld judgment, the DUI can always be used to enhance any subsequent DUI.

  2. Sarah Louise Villa

    Contributor Level 10

    Answered . You should always defer to the advise of your attorney, especially if they practice in the geographic area and area of law for which you sought their advice. However, you may need to seek additional advice, or we need additional information to more acurately answer your question. According to the Florida Stautes, if you plead no contest, or guilty to a DUI in Florida, there is a mandatory adjudication of guilt. I am not aware of any way to have adjudication with held if you are convicted of a DUI in the State of Florida.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal... more

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