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Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 585
Experience:  Attorney at Law Offices of Khaled Issa
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I was assaulted last October in Florida, Monroe County. The

Customer Question

I was assaulted last October in Florida, Monroe County. The assailant was arrested and charged with Battery under state code 784.03 1.The status of the case is now CLOSED, with a disposition of "Def Sent/Adj WH".Here are my questions:1) "Def Sent". Is this an abbreviation for Defendant Sentenced?
2) "Adj WH". Is this an abbreviation for Adjudication Withheld?
3) First time offender for Battery (he has 2 x DUI convictions 10 years ago, and 2 drug-related charges 20 years ago). He entered a plea. Would that have been guilty as charged, a $1000 fine, 12 month probation and no actual conviction?
4) We further agreed to a restitution of $3000 to me. How long does he have to pay that off?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Kal replied 1 year ago.

Good afternoon:

My name is ***** ***** I would be happy to provide general information regarding your question.

Allow me to provide information in the order you asked. The first, second and third questions are related to one another, which I will address:

1) Yes, this indeed means that a defendant was sentenced.

2) Yes, this does mean that the adjudication was withheld.

Regarding the first two questions, they work hand-in-hand. When someone is eligible for a withheld adjudication (usually called deferred prosecution), it means a defendant enters a plea of guilty and is imposed certain conditions and requirements for a specific period of time. If the individual fails to comply with any requirements of the deferred prosecution, the deferred prosecution is revoked and the Court automatically (for the most part) will enter a formal conviction based upon the initial plea of guilty.

So, for example, someone can be sentenced to 12 months of deferred prosecution upon a plea of guilty. If the defendant violates any terms or conditions imposed upon him by the Court over those 12 months, the deferred prosecution would be withdrawn and a conviction based upon the initial plea of guilty would be entered. Even if the alleged violation (if proven) occurs 11 months after the plea of guilty with one month left remaining in the deferred prosecution. The Court will retroactively apply the prior guilty plea to the offense and enter a formal, official conviction against the individual.

However, if the person complies with all requirements imposed by the Court, at the end of the 12 month period, the case will be "dismissed" and no formal conviction would be entered against the individual for the offense he or she pled guilty to.

So, to answer your third question, the information that you provided would mean what you believed it to mean (i.e., there was plea of guilty, an imposition of a $1,000 fine with 12 months of deferred prosecution/probation and no conviction entered). The fact that no conviction was entered must mean that he complied with all terms imposed on him.

As to your last question, it appears that any agreement reached between you and the other individual was not recorded by the Court. This is because the information you provided in question 3 does not include an order of restitution. If this was a Court ordered restitution, the court records would state that (which doesn't appear to be the case) and the withheld adjudication would have turned into a conviction because of the defendant's failure to comply with said order for restitution.

Any questions based on this?