Selasa, 09 Agustus 2016

Federal 11th Circuit joins Florida in interpretation of what is a "conviction".

A “conviction” means that you were actually convicted of the crime.  In Florida this means you must have had an “adjudication” regardless of whether you plead “guilty” or “no contest”.  Thus, getting a "withheld adjudication" is not a "conviction" under Florida law.   Clark v.  United States, 184 So.3d 1107 (Fla.  2016).  Federal law is supposed to follow the state’s interpretation of its own laws, but for a long period it did not.   However, on May 11, 2016, the federal Eleventh Circuit Court of Appeal, based on the Florida case,  reversed its prior position, and in United States v.  Clark, docket number 13-15874, (11th Cir.  2016), conformed to the Opinion of the Florida Supreme Court. Federal and Florida law now interpret a "withheld adjudication" as not being a "conviction" for "felon in possession" cases any more,  regardless of whether the plea was one of "guilty" or one of "no contest".  Likewise,  a misdemeanor domestic violence offense would not bar firearms ownership with a "withheld adjudication" under federal law, at least once the Florida 3 year prohibition on firearms purchasing ends.  (it is totally unsettled whether a state imposed ban on purchase from a dealer but not a private sale would impose a federal prohibition on mere possession).


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