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I received an adjudication withheld in Florida in a nolo plea (nothing to do with guns or violence), which means in Florida I kept all my civil rights. I live in another state now, I am not on any supervision, but given the recent supreme court ruling, what will happen when I go try to buy a fire arm for personal protection? Will I be allowed to? Thanks.

Submitted: 188 days and 18 hours ago.
Category: Criminal Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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State/Country: California

Posted by FLAandNYLawyer 188 days and 18 hours ago.

Answer

Hello,

Under Florida state law, a nolo contendere plea with adjudication withheld is not considered a conviction. However, the Court of Appeals has held that under federal law, a nolo contendere plea with adjudication withheld counts as a prior conviction.
United States v. Maupin, No. 07-03341 (March 24, 2008)

Thus, you will not be able to possess a firearm. So sorry.

188 days and 17 hours ago.

Reply

I thought with DC v. Heller in June of 2008 that was shot down by Scalia and those not convicted of violent crimes could own a fire arm for protection, esp. those given adjudication withheld? Are you certain adj. withheld is not deemed convicted w/ a nolo plea in Florida? Thanks.

Posted by FLAandNYLawyer 188 days and 17 hours ago.

Info Request

I will opt out without charge so that you can have a second opinion.

Posted by Joseph 188 days and 17 hours ago.

Answer

I'm a criminal defense attorney practicing in Central Florida. I would agree with you...

 

Your original crime occured in the State of Florida. You entered a plea, of course, in Florida. At the time of sentencing, you were NOT adjudicated guilty. As such, you were NOT a convicted felon. Therefore, pursuant to the laws of Florida, you did not lose your civil rights and you were not prohibited from owning or possessing a firearm.

 

As Florida does not prohibit you from owning a firearm, neither will any other state. You should feel free to purchase a firearm.

 

As to this charge, any time you are asked the question of having been CONVICTED of a crime, you can lawfully say not.

 

Assuming it is not a prohibited offense, and you've never been convicted of any other crime, you might want to consider having this offense sealed. Such an action might help eliminate any problems in the future.

 

I hope my information proved helpful. If so, please click the green ACCEPT so that I may receive credit for my efforts. Your question will not close and you will be permitted to follow up, if necessary. Positive feedback and bonuses are not necessary but greatly appreciated. Thank you and good luck!

188 days and 17 hours ago.

Reply

you've been very helpful counsellor, just one more thing, as a FL attorney you know that the definition of convicted in FL statutes includes adj. withheld. so 'convicted' always throws me off and confuses me. Are you certain that a nolo plea with adj. withheld by the court w/ sucessful completion of probation doesn't constitute technical conviction in FL? Its so confusing. Thanks

Accepted Answer

I probably receive as many questions on this issue as any other. While the withholding of adjudication is a wonderful idea, it creates many headaches.

 

Yes, I am completely positive that, under the circumstances described, there is NOT a conviction pursuant to Florida statutes.

 

Best of luck to you!

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Expert: Joseph
Pos. Feedback: 98.9 %
Accepts: 298
Answered: 8/5/2009

Criminal Defense Lawyer

I have 15 years experience in criminal litigation including several years as a felony prosecutor

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