Adjudication

Question: How does withhold adjudication and records being expunged or sealed affect your career? I have been a licensed insurance agent for almost 10 years. I am facing either Drug Court/PTI or getting a withhold adjudication for my charges. Will this affect my state of licensing with the state of Florida?

Answer: Your best source of information on that topic is your Criminal Defense Attorney.

Question: How does deferred adjudication in speeding tickets in Texas? I am 17 years old and in December I received my 1st speeding ticket. I was going 10 over on the highway. I had the ticket dismissed and took a defensive driving class. However I have recently got another ticket for talking on a cell phone in a school speed zone. Is there a way for deferred adjudication to work for me? Also is teen court an option? What other ways could the ticket be taken care of and my insurance rates not to go up? Please help!

Answer: If you tell them about the first ticket you are not going to get off on the second one. Ask the court if you can take driver's safety class or something so it doesn't go on your record, and don't volunteer any info. And get a hands free phone.

Question: How likely are you to get early termination from deferred adjudication in texas after 1/3 completed? I was charged with insurance fraud. I took 3 years deferred adjudication. I have completed one year. I have paid all fines and completed all my community service hours.

Answer: you should infact finsh the other two years remaining....

Question: Must I admit to deferred adjudication on an application? I am applying for a receptionist/front desk position in a hotel spa... Due to some stupid things I have done, I am on deferred adjudication... On the application is asks: "Have you ever been given deferred adjudication or plead guilty or no contest for anything other than a traffic violation?" Yes or No. Should I admit to my deferred adjudication? Isn't the purpose of being on deferred adjudication so that employers can't see your record?

Answer: Deferred adjudication merely means you took an alternate route to conviction and sentencing and basically implies a plea of 'guilty'. A rule of thumb: Always be honest on an application because it WILL show up on a record if they check your background. But I would do your best to explain the circumstances on the application itself. Don't say 'Will discuss at interview' because that implies there is a complicated situation behind it and the hiring manager is free to come up with their own ideas of what happened. Be brief but up front and you will find a lot of employers don't care, so long as you have a clean record since then and the problem doesn't involve theft. It's better to take a chance that the employer will be understanding and hire you for your credentials than to lie and almost guarantee you won't get the job!

Question: What is difference deferred and with held adjudication mean? What is the difference between a deferred adjudication or a withheld adjudication?

Answer: Deferred Adjudication is a plea bargain agreement between a defendant, and a Criminal Court in which formal judgment is withheld or "deferred" pending the outcome of the probation period. If an individual is given deferred adjudication and he or she successfully completes the probation and conditions assigned by the court, the charges are dismissed. Withheld adjudication generally refers to a decision by a judge to put a person on probation without an adjudication of guilt. It means a person is not found guilty legally by the court. If the person successfully completes the terms of probation and has no subsequent offenses, no further action with be taken on the case and the offense for which adjudication was withheld is typically not considered a prior conviction for purposes of habitual offender sentencing.

Question: What does "petition for adjudication of wardship for a minor" mean? My 16 yr old was found with marijuana, a police officer delivered a paper stating "in the interest of the minor -petition for adjudication of wardship", but what exactly does it mean? If you don't know or you have a sarcastic opinion, please save it. Thank you.

Answer: Juvenile court uses a lot of strange terms. For example a defendant is not a defendant but a minor respondent. In your specific case in the interest means that the request to a judge is in to see if you are a: fit parent or to see if the child should be made a ward of the state or given his emancipation, that is to be treated as an adult (usually just for this case). You should have been given a date/time/place for the hearing. Given his age and if he was found with a large amount, usually that charge is something like manufacture and sale, they are looking to find him an adult so he can go to trial in adult court and get an adult sentence.

Question: Can a person with a Defered adjudication truly remove the record from their background? My co worker was charged charged with Aggrivated Sexual assault, a friend of the family, and my husband states that he is on his last year. He claims that his attorney and judge says that it is not a conviction but he would have to register as a sex offender.. My husband state that you can never have your criminal History removed and will always show up on our friends record. Even if our friend completes his Defered Adjudication requirements. Is this true?

Answer: your husband is correct, once convicted of any crime it can be expunged if the courts allow, if it was a felony it can be seen when trying to purchase a weapon, or work in a hospital,school, etc

Question: If I do Deferred Adjudication for my speeding ticket will my insurance go up? I'm 24. Just got my first speeding ticket in years going 76 in a 60 (late for work). If I choose the deferred adjudication option, will my insurance still go up? What about defensive driving? Read the first 3 answers. All good. Thanks so far guys.

Answer: Insurance companies generally do not update your MVR (Motor Vehicle Record) unless you are in an accident or submit a claim. The speeding ticket will not cause you insurance to go up, unless you get in an accident or switch insurance in the next 36 months. I work for an insurance company, and that's how we do things.

Question: What does the traffic adjudication officer do? I was involved in a car accident travelling straight through a green light and a man turning right hit my vehicle at what he says was a green arrow, I have a wittness that was at the red light and can verify she was there for around one minute which proves he would not have had the green arrow just the green light. (becos of the light sequence) People wre injured as a result. The police said the traffic adjudication officer will investigate further. I am in Australia. All answers will be appreciated.

Answer: they do specific investagations and reports and take intersection and traffic light complaints and such. they prepare reports in case it goes to court. they are like a specific duty highway patrol.

Question: What does deferred adjudication really mean? I am trying to get into a Radiology Tech program at my local college. One of the things that will prevent me from getting in is quote: if i have Misdemeanor convictions or felony deferred adjudications involving crimes against persons (physical or sexual abuse) I was placed on deferred adjudication for assaulting an ex-boyfriend. (In other words I slapped him in the face and it left a mark)It was a misdemeanor. Does this mean that I can not get into the program? This was almost 7 years ago!

Answer: Depending on the state, a deferred prosecution or adjudication means that the original charge is deferred to a time in the future and the outcome is conditional. Usually this means that if no other instances of criminal behaviour occur within that period of time (where you are arrested or charged with another crime), then the original charge is dropped. It depends greatly from state to state and court to court. In your case I would contact the jurisdiction where the original assault charge took place and ask them. Or, you may try having a background check run on yourself, this will show any of the convictions that your college is talking about. If you have not been contacted by anyone from the court where you were charged, there is a real probability that you have no conviction on the original charge and you are home free. You should contact an attorney just to ease your mind.

Question: how fast can you get off of probation with deferred adjudication? I have a class B misdemeanor with 18 months probation. How much time do I have to serve before I can get early release. I also have deferred adjudication. I live in Texas.

Answer: more than likely half (9 months) i had 10 years parole when i got out of prison in 2006 i go to my last parole report on may 12 2009 i got less than half but all of my restitution is paid off and so is my parole payments

Question: What happens if do not complete terms of deferred adjudication in Texas? I have completed all terms of a 3 year deferred adjudication probation in texas... but I was arrested for a misdemeanor charge. I currently have ten days left until completion of the adjudication period. If i am revoked will I have to serve the full time or only a portion because i have only a little time remaining?

Answer: It will be up to the judge.

Question: Does defensive driving clear a ticket or do I have to do deferred adjudication? I received a speeding ticket in Arlington, TX for going 13 miles over but I'm confused a little bit. Do I have to do deferred adjudication to get it off my ticket (which also says I have to take defensive driving since I'm 22) or can I just do defensive driving to get it dismissed?

Answer: Defend your case properly and couple it with defensive driving to avoid tickets.

Question: Can I become a lawyer if I have an Adjudication Withheld felony? I have a felony in Florida and unfortunately its ineligible for a seal or expunge. However, with the adjudication of guilt withheld, i technically DON'T have any convictions. Can I still become a paralegal or a lawyer if i go through school? And does anyone know about the Florida Bar?

Answer: You should directly call the Florida State Bar, give them your details and find out directly from the horse's mouth, so to speak. You don't give details of what kind of felony you've committed. The person that just came out and said "yes" is not accurate. To be able to practice law, you have to prove to the Bar that you are a person of good character. You will have to disclose to the Bar that you have felony and the details of that felony whether or not it is a conviction. While you were not formally convicted, this kind of information can still appear on a background check. You will look foolish to try and hide this from the Bar. You will need to fully disclose the details and from that point, the Bar will determine whether or not you qualify to take the Bar exam. So, while yes. You may still be able to attend law school, it doesn't necessarily mean that you will pass the Bar's sniff test. Call and discuss it with the Bar before committing to law school. As for becoming a paralegal, again. Your felonious actions will still show up on a background check. While you have the option to tell employers that you were never convicted, you will look foolish if they run a criminal background check and your arrests are listed. You are in a position where you will not be able to "run" from this felony since you can't have it sealed. So, the simple answer is maybe. Maybe you will be able to, but only the State Bar can tell you for sure. I can tell you that you might get hired as a paralegal depending on what type of felony, but you probably will not be able to become a member of any of the professional organizations. Good luck.

Question: Can i be employed in law enforcement w/ a simple possession charge with the adjudication w/held on my record? I have a BA in criminology but am concerned about being able to get a job in law enforcement because of a past misdemeanor for simple possession of marijuana in which the adjudication was withheld. Is it possible to work in law enforcement with this on my record?

Answer: Your criminal history has alot in common with your credit report. The same Federal Laws that protect your credit report also protect your criminal background. If you were arrested for anything and never convicted, and that charge was more than seven years ago, it is a violation of Federal Law to report that, just like it is a violation to report bad credit over 7 years old. If your employer does get that information and uses it in a hiring decision, that person who did so can face a fine and/or prison for using that information illegally. The bottom line is, was it withheld and no plea, or was it withheld and guilty? As long as not guilty, you have no problem. Finally, the most important thing is how you answer on your application. If they ask if you are convicted or had adjutication withheld and you lie, you might not get hired just for that, or may later get fired for lying on your application.

Question: How do i plead deferred adjudication? I have to go to court tomorrow for possesion of less than 2 ox of marijuana in Tx. I got caught at a border patrol check point. How would I plead for that? Is the judge gonna ask me how do you plead and i'd say id like to plead deferred adjudication?

Answer: You will speak with the states attorney before the hearing and offer to plead guilty for deferred adjudication, they will do it if it is your first offense.

Question: Will a criminal record with deferred adjudication hurt my chances of getting a job? I will be sentenced to deferred adjudication probation on a felony charge. If I complete the probation sucessfully, the charges will be expunged from my record.

Answer: if it will be expunged then you don't have to report it. that would defeat the purpose of sucessfully completing probation.

Question: Can I get (do I need?) a visa to enter the Philippines with a felony with adjudication withheld? I was convicted in 2004 and given 3 years probation for criminal mischief. Adjudication was withheld. I will be off in March 2007 and am planning to spend 2 months in the philippines to visit my in-laws.I am unaware weather or not I even need a visa and if so, will the philippine government deny my arrival? If so, is there a process to appeal?

Answer: I dont think Philippine immigration would know anything about your convictions especially since the Philippines does not require a visa for American citizens. So you probably would be fine. However, it may be a different story if somehow they were tipped off (by FBI or nosy friends and relatives) and were expecting you prior to your arrival in country.

Question: Will I be able to get a Texas Insurance license if I've completed a deferred adjudication for a class c? I successfully completed the deferred disposition/adjudication it was a class c misdemeanor. Will I run into problems getting my insurance license for the 1st time? Do I have to disclosed the deferred disposition on my application? Please, I'm only interested in answers from someone who knows what they are talking about like an agent preferably in Texas.

Answer: You will be able to get your license. It's a FELONY that keeps you from getting the license, not a misdemeanor. But you're going to have a darned hard time getting anyone to hire you, because you'll be very, very expensive to bond, and will have problems with a backround check.

Question: What do i do if i want to become a police officer in Texas with a deferred adjudication on my record? I want to become a police officer. A few years ago I got into trouble (mostly my friend's fault) for insurance fraud. I took the rap for it and they gave me deferred adjudication. I would like to become an officer but dont know if i still can. Can anyone help? this is for Texas

Answer: No Felony is allow. Plus you have to memorize all the donut location in houston by heart to pass the test.