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February 25th, 2013, 10:53 PM #1
Florida's "Withold Adjudication" ???
I just got off the phone with an old teammate from College and he informed he that he got his LTCF out in Washington, PA. Even though he was arrested in Florida and was put on Probation for 2 years on a felony drug charge back in 91. But because he got "Adjudication Witheld" it doesn't count as a conviction. Is he blowing smoke or is this actaully real ???
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February 25th, 2013, 11:03 PM #2
Re: Florida's "Withold Adjudication" ???
I've got one of those..
In Florida an Adjudication Withheld with a Nolo Contendere(No Contest) plea is NOT a conviction or admission of guilt. It does count towards sentencing of the case at hand and any future convictions, but it isn't a conviction in FL.
The definition of "conviction" in PA and the federal government specifically refers to the jurisdiction in which the prosecution was held for interpretation. Since PA, the Fedz, and several other states refer to the guidelines of the prosecuting jurisdiction - it would not be a conviction in those respective states.
PA:
18 Pa.C.S. § 6102: Definitions
"Conviction." A conviction, a finding of guilty or the entering of a plea of guilty or nolo contendere, whether or not judgment of sentence has been imposed, as determined by the law of the jurisdiction in which the prosecution was held. The term does not include a conviction which has been expunged or overturned or for which an individual has been pardoned unless the pardon expressly provides that the individual may not possess or transport firearms.
18 USC § 921 - Definitions
(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.
What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.Last edited by knight0334; February 25th, 2013 at 11:06 PM.
RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
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February 25th, 2013, 11:26 PM #3
Re: Florida's "Withold Adjudication" ???
So I guess that is more or less Florida's version of ARD.
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February 25th, 2013, 11:48 PM #4
Re: Florida's "Withold Adjudication" ???
Sorta..
Florida has a ARD type program called Pre-Trial Intervention. However, they are a bit more selective on who enters that program. The Adjudication Withheld+Nolo Contendere doctrine is established by long held judicial precedence going back to when the English obtained Florida from Spain. The Adjudication Withheld being there is no judgment entered, and the Nolo Contendere being no admission of guilt.
In PA court case, such an event would be a conviction due to PA's definitions. Same with a few other states. The states that do count it as a conviction from preceedings held within or outside their jurisdiction are truly violating the US Constitution because full Due Process has not been accomplished when adjudication has been withheld and/or there hasn't been a determination or admission of guilt.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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