What Is Adjudication?

Adjudication is the term for the final decision in a disputed case. In criminal law, a “stay of adjudication” is a type of deferred judgment, which may allow someone to avoid jail time and keep their public record clear. In bankruptcy, adjudication is the final decree between the debtor and creditors. Adjudication in unemployment is the determination of whether a claimant is eligible for benefits.

Adjudication can mean different things in different states. It may apply to criminal law, bankruptcy, and even disability benefit law. We recommend contacting a litigation and appeals attorney where you live to help answer legal questions about a notice of adjudication. 

Key Takeaways

• Adjudication is the final judgment in a disputed case.
• A stay of adjudication is like deferred judgment, as an alternative to a criminal conviction.
• The unemployment agency may determine whether a worker can get benefits through adjudication.

Understanding Adjudication

Adjudication happens in several types of legal proceedings. In general, it refers to a legal determination or judgment. The adjudication is usually the end of the claim or matter, but it can be appealed. Adjudication may include:

• Stay of adjudication or deferred judgment
• Withholding of adjudication
• Adjudication in unemployment claims
• Adjudication in bankruptcy

What Is a Stay of Adjudication?

In a stay of adjudication, the defendant pleads guilty but the guilty plea is not accepted by the court. Instead of a conviction, the judge usually requires the defendant to complete a term of probation. If the defendant successfully completes the terms of probation, the charges will be dismissed with no criminal conviction on the defendant’s criminal record. A stay of adjudication is also referred to as:

• Withholding of adjudication
• Deferred judgment
• Pretrial diversion
• Deferred adjudication
• Probation before judgment
• Adjournment in contemplation of dismissal

What Does Adjudication Withheld Mean?

Adjudication withheld is the same as a stay of adjudication. In Florida, for example, criminal judges have the authority to withhold adjudication of a criminal offense and require probation instead of a criminal conviction.  If the defendant complies with the probation program, the judge will release the defendant from additional sentencing at the end of the probationary period. A withholding of adjudication is generally used for first-time offenders and minor or non-violent offenses.

Adjudication and Unemployment

Adjudication in unemployment is the legal process of determining whether someone is eligible to receive unemployment benefits. Each state has specific requirements for unemployment compensation eligibility. Depending on the situation, an unemployment claim may be adjudicated because the applicant:

• Voluntarily quit their job
• Was fired for misconduct
• Was not able to or available to work
• Refused suitable work
• Failed to report compensation

If an applicant receives notice of adjudication after applying for benefits, it may delay their claim. In some cases, it may take weeks or months before the claim is adjudicated, leaving claimants without benefits or income.

Adjudication can also be the process of an employer evaluating an applicant’s criminal background check and criminal history.

Adjudication and Bankruptcy

Adjudication is also the term used in settling a bankruptcy case. In a bankruptcy claim, the defendant and the creditors can settle the case in an adjudication process. This makes a final plan for what the defendant owes the creditors and the creditors release the defendant from further claims. 

What Is an Adjudication Hearing?

An adjudication hearing can be another term for a trial. In a juvenile justice matter, criminal court case, or civil claim, an adjudication hearing is where the parties present their case to the jury and/or judge. The finder of fact, a judge or jury, will make a decision to adjudicate the matter. In criminal cases, the final adjudication will generally result in either a guilty or not guilty verdict. The adjudication is the final determination but the parties may still have the right to appeal the decision.

How Long Does Adjudication Take?

The time period for adjudication may be based on several factors, including the complexity of the case and the court’s caseload. For example, in an unemployment adjudication case, the COVID-19 pandemic added further delays for adjudication, causing some claimants to wait months before their case was finally decided. If you have questions about how long adjudication may take in your case, contact your attorney for advice.

Adjudication can also be used in claims for disability benefits. When someone applies for disability benefits and their social security benefits are denied, the applicant may have the case reviewed by an administrative law judge. In Texas, the Office of Disability Adjudication and Review conducts SSD and SSI hearings. However, the waiting period or period of time for a hearing may be up to one year or more.