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Fort Myers: (239) 672-8934

12/30/13: If I violate my probation in Fort Myers, Naples, or Port Charlotte can I keep my withhold of adjudication?

When you are sentenced on a criminal charge in Fort Myers, Naples, or Port Charlotte you are either adjudicated guilty or adjudication is withheld (known as a withhold of adjudication).

If the criminal charge is a felony charge and you have never been convicted of a felony a withhold of adjudication is extremely advantageous as it allows you to keep all of the privileges that convicted felons lose such as:

  • The ability to vote
  • The ability to own firearms
  • The ability to apply to jobs and state that you have never been convicted of a felony

If you were sentenced on a felony charge and were given a probationary term and a withhold of adjudication can you resolve the violation of probation and keep the withhold? The answer is it depends. In some circumstances you will be able to resolve the violation of probation and keep the withhold such as:

  • If the prosecutor chooses not to go forward on the violation of probation and dismisses the warrant
  • If you take the violation of probation case to a hearing and the Judge finds that you are not in violation of your probation
  • If you admit to the violation of probation in exchange for a modification of your probation

If your violation of probation case is resolved through an admission and the resolution does not call for a modification of your probation than the Judge will adjudicate you guilty of the underlying felony offense. It is important to understand all of your options when you are dealing with your criminal record. Contact a Fort Myers based experienced criminal defense lawyer from Viacava & Cantor today for a free consultation if you have been arrested for a violation of your probation at 239-672-8934.