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Withholding judgment in criminal cases is when a judge releases the accused person to probation or other out-of-prison service, and if they follow the terms of their probation, the allegations are not recorded on their official record. This is not permitted in all jurisdictions, and whether it is appropriate is usually a matter of judicial discretion. Withholding is used almost exclusively in criminal cases, and is most often applied in situations where the defendant is eligible and sentenced to probation. The extenuating circumstances of the stay of judgment vary and are subject to express regional laws and statutes governing sentencing guidelines for convictions and probationary periods.
When a judge decides to withhold judgment, he usually stops short of issuing a guilty verdict in a trial and releases the accused person to a probation program or other out-of-prison service. Provided the person follows the terms of their probation exactly, the allegations are usually not recorded on their official record, and they usually don’t have to be disclosed on things like job applications or school. Withheld adjudication is not permitted in all jurisdictions, and even where it is permitted, whether or not it is appropriate is usually a matter of judicial discretion. Lawyers often ask for this, but it’s never a legal requirement. Judges can usually decide based on any number of factors. In almost all cases, if the defendant violates the terms attached to the decision, a guilty sentence can be automatically attached, often with maximum penalties; as such, it is something defendants must take seriously and should not ask unless they are willing to be extraordinarily compliant.
Understanding judgment in general
In legal contexts, the term “adjudication” simply refers to the final decision rendered in a case, usually innocent or guilty in criminal cases, or not responsible or liable in civil matters. A judge usually enters one of these findings at the conclusion of a trial, after both sides have had a chance to make their arguments. Judgments are normally recorded in official court records and usually have a variety of implications, both legal and personal.
When it is applied
Withholding is used almost exclusively in criminal cases, and is most often applied in situations where the defendant is eligible and sentenced to probation. Probation is often a way for people to receive punishment for their actions without actually having to be jailed, and is most often enforced in cases where the offense was serious but there is reason to believe that the offender has already learned from his mistakes and is not likely to take offense again. It is almost always the case that the offender must admit guilt for the case to end in a withheld decision. The court simply accepts this admission and acts upon it without issuing a formal ruling or issuing a guilty verdict.
Instead, the judge chooses to place the offender on a certain course of probation, often as a way to buy his way out of a conviction that would likely remain on a person’s record for many years. As long as the offender commits and meets the terms of the probation, the charges will simply disappear. In many jurisdictions, a judge will only stop short of issuing judgment for first-time offenders in cases where there has been no serious injury, damage, or loss to personal or public property.
Exhausting circumstances
The extenuating circumstances of the stay of judgment vary and are subject to express regional laws and statutes governing sentencing guidelines for convictions and probationary periods. While it is typical for a defendant’s criminal record to be expunged after a sentence to withhold judgment, the fact is that some jurisdictions do not allow this. In these areas, a judgment withheld will still result in the defendant having a criminal record, even after the successful completion of his or her probation.
For example, in many US states, prior convictions or guilty sentences prevent a defendant from having a secondary or tertiary case sealed or expunged through an adjudication denial. Under state law, a non-compliance judgment is considered the equivalent of an actual conviction; judgment withheld refers only to a lack of formal punishment.
administrative implications
Withholdings are widely seen as beneficial to offenders, but they don’t always truly make the case and the actions that gave rise to it disappear. For example, nearly all 50 U.S. states and territories treat a withheld judgment similar or equivalent to a guilty judgment, at least administratively. However, many states make it quite easy for a defendant to have a completely sealed or expunged conviction record. Previous convictions, however, usually make it impossible for a defendant to successfully seal or cancel a current conviction. Quite often a judge will not enter into a withholding agreement for someone with previous convictions.
