McCulloch Law, P.A. will always try to avoid an adjudication of guilt, if at all possible. An “adjudication of guilt” as opposed to a “withhold of adjudication of guilt” could make the difference between having to admit you were convicted of a criminal offense on a job application and being able to deny it. It may also make the difference between keeping or obtaining employment or being able to drive. Teachers, nurses, fiduciaries, county and city employees, even real estate agents and stock brokers may be fired or not hired simply because of a conviction for petit theft, worthless check, defrauding an innkeeper, theft of utilities, or retail theft. An adjudication on a possession of marijuana or prostitution charge carries a 2 years suspension of your Florida’s driver’s license. Furthermore, an adjudication may limit your ability to seal or expunge your charge.
McCulloch Handles All Misdemeanors Such As:
- Driving Under the Influence
- Possession of Marijuana
- Criminal Mischief
- Possession of Paraphernalia
- Leaving the Scene of an Accident
- Petit Thefts
- Carrying a Concealed Weapon
- No Motorcycle Endorsement
- Obstructing an Officer without Violence
- Driving with a Suspended License with Knowledge
- and many more
Misdemeanor vs. Felony
How It Works:
- 60 days in jail
- 6 months probation
- $500.00 (or more)
Each crimes is classified by statute. If legislators do not classify a misdemeanor specifically, it will be considered a 2nd degree misdemeanor.
(Fla. Stat. §§ 775.081, 775.082, 775.083)
- 364 days in jail
- 12 months probation
- $1,000.00 fine (or more)
Probation and Jail:
Consecutive vs. Concurrent Sentences:
Statute of Limitations:
Habitual Misdemeanor Offenders (Fla. Stat. §775.0837)"
Depending on recidivism and other aggravating factors, some misdemeanors can carry enhanced sanctions; even minimum mandatory sentences. A habitual misdemeanor offender is defined as a person who is before the court for sentencing for any misdemeanor offense described in chapters 741, 784, 790, 796, 800, 806, 810, 812, 817, 831, 832, 843, 856, 893, or 901, F.S. and who has previously been convicted, as an adult, of four or more misdemeanor offenses described in these chapters that were not part of the same criminal transaction or episode and were committed within one year of the date of the commission of the misdemeanor that is before the court for sentencing. If the court finds that the defendant qualifies as a habitual misdemeanor offender, the court is required, unless it makes a finding that an alternative disposition is in the best interests of the community and the defendant, to sentence the defendant as a habitual misdemeanor offender and impose one of the following sentences:
- Incarceration in a county jail operated by the county or a private vendor for a term of not less than six months, but not to exceed one year;
- Commitment to a residential treatment program or other community-based treatment program or a combination of residential and community-based program for not less than six months, but not to exceed 364 days; or
- Detention for not less than six months, but not to exceed 364 days, to a designated residence.
However, a Judge may not sentence a defendant under section 775.0837, if the misdemeanor before the Judge for sentencing has been reclassified as a felony because of any prior qualifying misdemeanor.