I was charged with assult & battery on a police officer in FL (over 10 yrs. ago), but I plead not guilty because I never touched him, he touched me). The officer was an abusive officer, who insulted me by saying that I was an immigrant & grabbed me like a criminal when in reality, I'm a N.J. born female citizen. Later in court they found out during this incident, the officer had already been suspended for the same reason (other citizens complained about him as well) & was working as a security officer for a night club. I need to know what to put for an employment application.
NO! A withhold of adjudication is not a conviction. A conviction means you are adjudicated guilty and your civil rights, including the right to own a firearm have been taken away. if the question is have you ever been convicted of a felony, then the answer is NO.
John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
I agree with the previous answer, on the law, but I'm confused as to the facts/procedure. You wrote that you pleaded not guilty because you never touched him, but also wrote the "the verdict was adj.withheld."
Did you change your not guilty plea to guilty?
Or, was there a trial and the verdict reflected a lesser charge, or as charged, but the court withheld adjudication?
These can be very significant differences.
If you received a withhold of adjudication you are not a convicted felon. You can honestly inform a potential employer that you have never been convicted of a crime; assuming there is nothing else on your record.
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