What Is Going on with Kodak Black's Legal Situation?

Photo courtesy of Atlantic Records

“Why we keep on falling victim? / Lost up in the system,” Pompano Beach, Florida, rapper Kodak Black muses on a recent song, “Too Many Years,” which, like many of his songs, examines the psychological effects of the criminal justice system on those caught in it. For Kodak, this struggle has been a hallmark not only of his music but also of his career path, and he’s not alone. We’ve watched plenty of rappers tap out when they find themselves in legal trouble early on in their careers, faced with a sentence that outlasts the public’s attention span. This week, Kodak Black faced just this possibility

On Tuesday he stood in front of a judge, faced with charges including robbery, false imprisonment, fleeing a law enforcement officer, and possession of a firearm by a delinquent. He pleaded no contest, and the judge agreed to withhold adjudication of his charges if he successfully competes 12 months of house arrest and five years of probation. “Community Control,” as the punishment is formally known, would also require him to undergo a drug evaluation, take anger management classes, complete 300 hours of community service, and complete a mentor program. The judge told Kodak that if he screws up, he faces up to 55 years in prison, and the likely end of his rap career.

Under Florida law, when a judge decides to “withhold adjudication” it means that they do not make any judgment on the guilt of the defendant; rather, they agree not to hear the case if the defendant successfully completes a series of probationary conditions. If he were to follow through on all of the court’s orders, Kodak would never be convicted of any of these crimes, and he would not have a felony on his record. This is particularly significant for Kodak because a felony conviction could create problems when he attempts to obtain work visas to tour internationally. There are a number of other obvious drawbacks to being a felon, not the least of which is that it’s pretty tough to stay out of the system once you’ve been branded as one.

It seems like he’s been given a pretty good deal, right? He claims to have spent most of his teen years in and out of juvie, so it’s likely that this isn’t even his first offense. Unfortunately, some things that sound too good to be true just are. During his release processing, jailhouse officials discovered two warrants for Kodak’s arrest: one in Florida and one in South Carolina. Upon review of his inmate record, the Florida warrant appears to be connected to a charge for misdemeanor for marijuana and paraphernalia possession. The South Carolina warrant, however, is for a more serious charge: criminal sexual conduct in the first degree, a felony. There are a handful of actions that fall into this statute, but basically, it covers sexual assault either by force or by making the victim incapacitated.

Still, the possibility of his freedom under the Florida judge’s terms aren’t gone yet. Since the warrants are for charges that materialized before the judgment, he hasn’t violated the Court’s orders yet. It remains to be seen how the judge interprets these new findings. However, even if she agrees to let the marijuana charges slide, she will not be able to do anything to keep a South Carolina court from trying Kodak, and he’ll probably have to fight that charge separately.

Even though the circumstances of his release have become complicated, the fact that he was granted this deal in the first place raised some questions—and a few memes at incarcerated New York rapper Bobby Shmurda’s expense in particular. Namely, why haven’t other young rappers benefitted from the loophole that allows a judge to withhold adjudication? Chief Keef, who has faced a series of arrests and stints in jail and was eventually dropped from his deal Interscope, might have benefitted from such an approach and been less inclined to announce his “retirement” from rapping earlier this year, at the ripe age of 20 years old. And Bobby Shmurda, who was arrested on charges of conspiracy to commit murder, weapons possession, and reckless endangerment, has been in jail since December 2014 awaiting trial and unsurprisingly has not released music since then.

One reason might be that the statutes that allow for this type of dismissal vary from state to state. Some states call similar concepts “deferred prosecution,” “deferred adjudication,” or “probation before adjudication.” Apart from differing slightly procedurally, many states don’t allow deferred prosecution or withholding adjudication for violent crimes or firearms possession. For example, Kodak’s charges wouldn’t be eligible for deferred prosecution in Illinois, where Chief Keef is from: In Cook County, the “deferred prosecution” program cannot be invoked for a violent offense, a DUI, or possession of a weapon. In New York, where Bobby Shmurda is from, there is an “Adjournment in Contemplation of Dismissal” provision, but it applies only in misdemeanor cases. On the federal level, “non-prosecution agreements” are often used in cases of white-collar crime.

Given the varying circumstances in which this concept is restricted from application, it is clearly a rare approach—particularly so in that the Florida statute happens to be broad enough to cover Kodak’s charges. Plenty of other places in the country would not be able to offer this kind of arrangement. South Carolina, for example, does not permit this type of conditional discharge for violent crimes.

Another reason that Kodak may have received some perceived leniency is that several label execs showed up to testify on his behalf. Michael Kushner, Atlantic's EVP of business and legal affairs stated that “Without question, [Kodak Black] has a very bright future as a recording and touring artist." Out of court, he added “I'm absolutely confident he'll able to turn his life around.” Although technically co-signs like this aren’t part of criteria a court will look at when deciding whether to grant a “withhold prosecution,” Mr. Kushner’s appearance shouldn’t be underestimated. The fact that the label was involved in negotiating his freedom suggests that they, at the very least, provided him some emotional support and/or advice through the process.

This isn’t always the case. Referring to his label in an interview from the Manhattan Detention Complex in 2015, Bobby Shmurda told the New York Times “When I got locked up, I thought they were going to come for me, but they never came.” The Times article noted some rap artists of the past, who had been “rescued” by their labels when they landed themselves in trouble, noting that Epic “distanced itself…despite pleas from music industry figures like 50 Cent, to help the rapper out.”

Bobby Shmurda’s case can easily be distinguished from Kodak Black’s; he has a charge of conspiracy to commit murder, and while Kodak’s charges in Florida are not non-violent, they do not rise to the same level. The reveal of this South Carolina charge, however, might cause his label to take a bit of a back seat moving forward. Nonetheless, it seems like Kodak’s luck may have run out for now.

Jessica Meiselman is a lawyer and writer based in New York. Follow her on Twitter.