In 2011 I was arrested for Domestic Violence. My x boyfriend abused me and call the cops on me for domestic violence while i went to call for help. When the cops showed up they had a warrent for my arrest and I was brought to jail. I went to court and they lowered my charges to ADJUDICATION OF GUILT WITHHELD for Fighting. I still don't understand what this means, or how to clear my name, if even possible.
There are no charges to clear; the matter is resolved for now. Adjudication withheld means that the court entered a judgment against you but held off on declaring you guilty; it accepted whatever plea deal was agreed upon or accepted a no contest plea from you and entered perhaps an injunction, fines, community service, counselling, or something else which if you complete would result in the end of the matter without an adjudication of guilt on your record. If you were to violate any terms set by the Court, you could always be brought back into court and adjudicated guilty with the possibility of worse consequences.
It simply means the Court did not legally convict you of the charge. Fighting is a municipal ordinance. It is less than a misdemeanor in severity. If you need further clarification feel free to contact me. I regularly appear in Duval and St. Johns county and handle these types of cases.
law Office of James Davis, P.A.
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If you received a withheld adjudication of guilt that means that you were sentenced. As a result, if you were asked whether or not you had ever been convicted of a crime you could say no. If on the other hand, you were asked if you had ever been arrested or sentencted to a crime the answer would be yes. As far as clearing your name is concerned, you may be able to withdraw your plea if you can establish that your plea was not freely and voluntarily entered into. This is not an easy taks and would require the assistance of an attorney. If the Judge granted this request you would however be facing the original charge again. You may also be able to try to seal your record if you meet the statutory criteria including whether the offense you were sentenced to is eligible to be sealed. I hope this information is helpful.
Without reviewing all the facts and evidence, it is not possible to give a proper opinion regarding the liklihood of sucess of your case.
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