Under Florida Statute Section 775.08435, a judge can withhold adjudication on a felony unless the Jacksonville criminal defendant falls into one of the following categories:
- He is charged with a capital, life, or first degree felony.
- He is charged with a second degree felony.
- He is charged with a third degree felony and has received a previous withhold of adjudication.
A Jacksonville criminal defendant that falls under category (2) or (3) above can still receive a withhold of adjudication in the following situations:
- the prosecutor requests it in writing or
- the court makes a written finding that a withhold of adjudication is reasonable.
However, the court cannot withhold adjudication of guilt if the Jacksonville criminal defendant has two or more prior felony withholds from a previous case.
In Jacksonville, Florida, it is more difficult to avoid a felony conviction and obtain a withhold, instead of a conviction, if the Jacksonville criminal defendant already has a criminal record. This Florida Statute reflects this. Therefore, if you do not have a criminal record, and you are charged with a felony, you are more likely to receive a withhold than someone that does have a criminal record.