New Case Determines Who Is or Is Not a Convicted Felon

In West Palm Beach, if you are arrested and go to trial there is a possibility that without the right defense you could be convicted of a felon. It’s important to have all the information and hire a professional Florida Defense Attorney.

The Florida Supreme Court recently published a case having to do with the crime of possessing a firearm by someone who is a convicted felon.

In recent years, there has been some disagreement in Florida courts about whether someone is actually a convicted felon if adjudication was withheld for the underlying felony that he was found guilty of. According to this new Supreme Court case, a person is not a convicted felon if adjudication was withheld (versus being adjudicated guilty). And if someone is not a convicted felon, then, of course, he cannot be guilty of the crime of possessing a firearm by a convicted felon. That is very important because that particular crime is punishable by up to 15 years in prison.

It is important to note, however, that the Supreme Court’s decision has to do with one specific crime—possession of a firearm by a convicted felon. When it comes to other crimes and other situations, it is still sometimes the case that a person who has had adjudication withheld on a felony charge may be a convicted felon.

If you ever find yourself in a situation where it is important to know whether you are, in fact, a convicted felon, be sure to discuss your situation with a lawyer who is knowledgeable in that area of the law. If you have questions or would like more information, give me a call at 561-832-4348 or connect with my West Palm Beach Criminal Defense Practice online. I am a Florida defense lawyer, with several decades of experience.