Withheld judgement??

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Latest post 11-19-2008 4:43 PM by Ford. 3 replies.
  • 11-19-2008 11:32 AM

    • mu
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    • Joined on 11-21-2002
    • Posts 5

    Withheld judgement??

    What does a withheld judgement mean exactly?
    Thank you
  • 11-19-2008 2:06 PM In reply to

    Feedback [*=*] Can depend on state law . . .

    In my state it means you plead guilty, but the judge does not enter a judgment of conviction. The judge imposes a bunch of conditions which are just like a DUI sentence. When you complete all of them, if you never violate the terms, you can ask to withdraw the guilty plea and for dismissal of the case.

    A withheld judgment, even if eventually dismissed, can still be used as a prior DUI to stack up subsequent DUI penalties. In my state.
  • 11-19-2008 4:18 PM In reply to

    • mu
    • Not Ranked
    • Joined on 11-21-2002
    • Posts 5

    re: Can depend on state law . . .

    Same state. Are you saying if you ask for withheld judgement that the sentencing may even be worse that if you just plead guilty??
  • 11-19-2008 4:43 PM In reply to

    Feedback [*=*] re: Can depend on state law . . .


    Those are the relevant laws.

    2601(3) is a WHJ.

    2604(1) is the withdrawl process.

    2603 is the statute that deals with violations of probation while on a withheld judgment.

    If you come back on a PV after receiving a WHJ, the judge can impose anything up to the maximum sentence. The court is not required to give credit for anything that has been completed.

    As a general rule, with the prosecutors I've worked with on misdemeanors, if the PV allegation isn't serious, they might offer:

    - Leave the WHJ there and continue the case for completion of whatever wasn't done, with the understanding that you can't come back and move to withdraw the plea, which puts the case in a gray area since there won't ever be any judgment of conviction.

    - Revoke the WHJ and impose a normal sentence, but give credit for things that are done. That is, if they want 5 days jail normally and you did those on labor detail, then maybe they ask for only 2 or 3 days, as a penalty for not getting stuff done in the first place. Often a reorder of whatever fines haven't been paid. Reorder classes, but give credit if they are done. (Basically, a small additional jail penalty, and extended probation, reorder things not complete.)

    If you come back on a WHJ PV with new crimes, especially if it is a DUI, expect some problems. Not Earth-shattering problems, but it will be more painful than normal.

    A whole lot depends on your judge and your prosecutor. The prosecutor has the power of plea bargain. The judge makes the ultimate decision. Your defense attorney can only beg and whine.
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