Law Office of Marci D. Silver, P.A.

I have found that the more the economy seems to worsen, the more people are charged with crimes.  This may stem from  family financial stressors and result in more batteries in the home, or it stems from the need to keep up the bills resulting in thefts and other property and drug crimes people would never have seen themselves committing.  It’s important at the outset of a case, if you’ve never been charged with an offense before and even more so if you have a prior record, to make sure you consult with an attorney.  It may be difficult to afford but it is a critical element in preserving your future.  Many first time offenses can carry with them minimum penalties and severe consequences for future employment, certifications and licensures.  If you find that your life will be affected in one of these ways by a criminal charge, contact an attorney who is knowledgeable about the areas that will be affected.  For example, if you will suffer a consequence of losing a license to practice a particular job, contact an attorney that will be able to not only handle the criminal case but will be able to ensure that your employment will not be harshly affected or that the case is handled in a way that will minimize these problems.  This is an area for which the Public Defender (your state provided attorney when you can not afford one) may not be able to assist you.  For further example, read my blog about criminal record expunction.  There are some charges that can not be expunged even if the judge withholds adjudication on your case.   It is important to know if you will be affected.

Even if you find your financial path difficult, making this investment in your future may be the best money you ever spend when you find yourself charged with a crime. 

Share This

I had a consultation with a potential client the other day regarding sealing and expunging their record. They were horrified to discover that they are not eligible to remove the charge from their record because they have been previously convicted for an offense.

To begin with, expunction is a right that you have in Florida to remove one item from your criminal record provided that you meet certain criteria. Many people, this potential client included, were surprised to find out that they were ineligible to remove the offending charge for one or more of several reasons. It is important when you hire an attorney for your criminal defense that you make sure that attorney is apprised of current expunction and sealing law. For instance, you are not eligible to remove under any circumstances most cases related to sex offenses, domestic battery or schemes to defraud and abuse of the elderly or children. There are other crimes that are precluded but there are too many to list here. This is a public policy to protect others in the public but should you consider a plea bargain a good deal, you should also look at the future cost by entering into a plea before the court on a case of this nature. Even if the court withholds adjudication of guilt in your case, you will be ineligible in these classes of cases to seal your record. In addition if you have ever been adjudicated guilty of any criminal offense including criminal traffic offenses, you will also be precluded from eligibility to remove ANYTHING from your record.

The State of Florida has made it clear that the rules of expunction are only for a select few the state deems non-threatening to the public. It is critical that at the time of a plea negotiation, you are well informed of the future ramifications of your decision.

Share This

I am often asked when I assist clients in criminal court, “what does a ‘withhold of adjudication’ mean”.  I generally take that to mean, “what does that term mean for me?”  If you want a definition, it is generally taken to mean that the court presiding over the criminal case is not  going to judge the person and therefore will not convict them unless they violate certain conditions, generally those of probation that are assessed.  What it would mean to you is that the court has not made you a “convict” or “felon” if your charge was a felony.  A felony conviction carries with it several consequences that can not always be predicted. 

One of the most major consequences is the loss of ones right to vote and possess a firearm and forced registration with law enforcement as a felon.  But for many of my clients they have found they are no longer eligible for certain state benefits, they may risk losing their children, they lose their job or can not gain employment.  For some, a conviction for a misdemeanor can have some of the same consequences.  For example, a conviction for a domestic battery precludes you from certain lines of work and prohibits your possession of a firearm, critical for employment with law enforcement.

A withhold of adjudication by the court can sometimes alleviate some of these possibilities. When you are applying for jobs and you are directly asked have you ever been “convicted” of an offense, you are able to say “no.”  (Of course, if you are asked have you ever had a withhold or been arrested or charged in court, you may have to respond “yes.”)  A withhold also tends not to interfere with benefits and may possibly be sealed from your record. 

One note, however, is that a withhold will not necessarily keep you from being deported if you are not a US citizen.  If you are not a US citizen, it is imperative that you seek proper guidance from an attorney with extensive, recent immigration experience.  In these times, immigration law is ever changing.

Share This