Friday, 22 August 2014

I have a sealed misdemeanor charge adjudication withheld. Could this be grounds for motion in limine in a civil case regarding the charge?

Question

I have a sealed misdemeanor charge adjudication withheld. Could this be grounds for motion in limine in a civil case regarding the charge?



Answer

Yes. It is not usually admissible against you, so if you thought the State was going to attempt to use it against you, your lawyer will do a motion in limine to prevent the State from getting away with that kind of stuff. When adjudication was "withheld" you were not "convicted" of the crime. Generally even when you are adjudicated guilty for misdemeanors, evidence of the conviction is not admissible against youunless you are convicted of a misdemeanor which involves "dishonesty or a false statement" like petty theft or filing a false police report.



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