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Question about a felony and deferred ajudication

Discussion in 'Legal' started by possom813, Aug 19, 2011.

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  1. possom813

    possom813 Member

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    If you get charged with a felony, received deferred ajudication, completed the ajudication sentence, can you then buy a firearm?

    Guys at work were talking and I got to wondering:what:
     
  2. Bubba613

    Bubba613 member

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    I would think the answer is yes. The issue is whether somene was convicted ornot. Tht sounds like no conviction.
     
  3. vaherder

    vaherder Member

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    Depends on your state and what type of deferred adjudication it really is.
    Is it Probation before judgment, probation and on good behavior the record will be expunged etc. Or is it a federal charge???? Was the case nolle prossed or what?

    Exact charge is also important.

    You may to pay the an ambulance chasing shyster to find out if you can purchase a firearm. Just too many variables to give an answer.

    A deferred adjudication is not the same as being found not guilty or the prosecution refusing to pursue. The charge di go to trial right?
     
  4. AlexanderA
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    AlexanderA Member

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    "Deferred adjudication" means that the charges are dropped if the conditions of good behavior, etc., are satisfied. Ergo, no conviction and nothing to be expunged. This is actually a pretty good deal for a defendant. It's typically offered for a first offense, a relatively minor charge, and where the guy has a clean record up to that point.
     
  5. Purgatory

    Purgatory Member

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    In Texas, yes, no problem since it was 'not' a felony 'conviction.'

    Buy as many guns as you like as often as you want 'after' the adjudicated probation term is completed.

    But you can never get a CHL.

    Not the case in Tx. In Tx, the 'felony charge' will always be on record for anyone who does a criminal background check to see--unless a lawyer systematically has it expunged.
     
    Last edited: Aug 19, 2011
  6. AlexanderA
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    AlexanderA Member

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    Is it reasonable to deny a CHL for a mere "charge" or a mere "arrest"? What if you're actually found not guilty? (BTW, speaking of arrest, in some places it doesn't count as an "arrest" if you find out about the pending charges against you and voluntarily turn yourself in to the authorities and are released on your own recognisance.) It seems to me that if a CHL is denied for reasons such as this, a lawyer could straighten things out by getting the record expunged, etc.
     
  7. Purgatory

    Purgatory Member

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    To sum up 'MY' personal answer, AA, when it comes to the legal system, all bets are off.

    The system varies state by state, city by city, judge by judge, DA by DA and sometimes even more random than that.

    But, specifically in Texas, at least for about the last 10-15 years, a felony charge is not just a 'mere charge.' It's substantial. Job applications 'used-to' ask if you have ever been 'convicted' of a felony, etc.

    Now, since within that time frame, they have reworded them to read: Have you ever been 'charged' with a felony or certain misdemeanors, etc.

    So, it has been made more serious, or at least more permanent and more visible on records and even if a lawyer 'can' get it expunged, it will 'always' be visible to any form or extension of law enforcement. It just won't be visible to employers, apartment complexes, landlords or leasing services, etc.

    And therefore, a CHL will always be out of reach for someone with a 'felony charge' of any kind unless something in the laws change or your lawyer can pull some hard to reach strings.

    P.S. Just to clarify: If you actually go forth with an actual trial, which doesn't pertain to the OP, you are 'supposed' to be cleared if you are found 'not guilty.' But many applications for various things do still ask if you have ever been 'charged' with a felony or certain specific misdemeanors. And many innocent, and subsequently released, wrongfully accused prisoners are still waiting for the legal system to clear their records. It's just a mess. As is life.
     
    Last edited: Aug 19, 2011
  8. tyeo098

    tyeo098 Member

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    The Virginia qualifications for a CHL say nothing about charges. Only convictions. Like it should.

    Cops can 'charge' and 'arrest' you for anything they can convince a judge of (trust me Ive been on that losing end) its takes a jury (or a pretty good lawyer) to either clear things up, or mess things up.

    EDIT:

    And because NavyLCDR will call me out on it, heres the cite from 18.2-308 Winchester.

    Aside from being addicted to pot, being insane, or being a felon, you cant get a CHL if you are:
    http://vagunforum.net/carrying/concealed-handgun-permit-virginia-requirements-t16.html

    Lucky for me, it was just 1 Class 1 Misdemeanor.
     
  9. dogtown tom

    dogtown tom Member

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    Not true. Federal law prohibits asking about arrests or "charges", but permits the job application to ask about convictions.


    Texas law prohibits no such thing. An arrest is a "charge" and does not affect your ability to get a Texas CHL one bit. A "charge" is not a conviction.

    A felony CONVICTION on the other hand does.
     
  10. Purgatory

    Purgatory Member

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    Because the OP didn't even ask anything about a CHL, I'll keep this as brief as possible to address the debated points and will not debate it any further beyond this post.

    Dogtown, if you believe this, you have no 'real-world' experience with the Texas legal system at all.

    My information is not considered from what is printed in any law books or anything you may have heard on the news or in a class. It comes from absolute factual experience with individuals who have been "ram-rodded through the court system" -as Massad Ayoob so eloquently put it.

    But if you truly wish to prove this point to 'yourself,' seek out one, ONE, individual in the state of Texas who has had a 'felony charge' for ANYthing and has successfully acquired a CHL.

    If you find them, then, well, more power to 'em.

    In my experience, someone in the exact situation that the OP articulated will 'not' be granted a license to carry a concealed handgun on their person in the state of Texas.

    A 'deferred adjudication' ruling is a different kind of ruling than most are familiar with. It 'can' have confusing aspects in the manner that it affects future judgments, etc. Just because it is not a felony 'conviction' isn't really the end of the story in one of these instances.

    And here is a perfect example. A Texas State Application asking about a conviction OR 'deferred adjudication.'

    http://www.twc.state.tx.us/jobs/gvjb/stateapp.pdf


    I, myself, have seen 'plenty' of applications over the years that ask about 'charges,' not just convictions--regardless of what you've 'read' or 'believe.'
     
    Last edited: Aug 19, 2011
  11. dogtown tom

    dogtown tom Member

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    Purgatory,

    Again, you confuse "charge" with conviction..... they are not the same.

    You need to speak with ANY law enforcement officer or attorney and discover the difference between:

    1. being arrested and charged with a crime
    versus
    2. being arrested, charged AND convicted of a crime
    versus
    3. being arrested, charged, pleading guilty and accepting deferred adjudication from the judge as an alternative to the judge finding you guilty and imposing punishment.

    In Texas deferred adjudication is a type of probation that differs from regular probation in that it does not show as a conviction upon completion...instead it shows as "deferred adjudication". In deferred adjudication the defendant pleads guilty, but the judge defers the finding of guilt. If the defendant accepts deferred adjudication and fails to successfully complete the probationary period the judge can impose the full penalty of the charge.

    You ignore the possibility for someone to be arrested, charged and found not guilty at trial.

    Sorry, but asking me to show you "one person who has had a felony charge and acquired a CHL" is impossible as those records are confidential and cannot be accessed by the public. It is also meaningless....Texas is a "shall issue" state. Meaning if you meet the requirements of Texas law the applicant will be issued a Texas CHL.

    Simply having an arrest record means NOTHING. There must be a disposition that disqualifies the CHL applicant. (such as a conviction)

    Example:
    Joe Public wants to get his Texas CHL:
    In 1992 he was arrested and charged with grand theft auto. Joe was found not guilty.
    In 1998 he was arrested and charged with murder. He was found not guilty.
    In 2008 Joe was arrested and charged with bank robbery. The district attorney dropped all charges before trial.

    Joe is eligible to apply for a Texas CHL because he has no convictions....yet note that Joe was charged in all three instances.

    John Doe wants to get his Texas CHL:
    In July, 2011 he was arrested and charged with DUI (3rd offense, a felony in Texas). He decides to fight the charge and is scheduled for trial in September.
    John is ineligible to apply for his CHL because his case is pending trial. If convicted....no chl. If found not guilty...he's eligible.


    Im sorry but your supposed "real world" knowledge of Texas law and criminal justice is suspect. Again, you need to understand that simply being "charged" with a crime is not a disqualifier.....and thank the Lord for that. If it were can you imagine the outrage that the innocent were permanently barred from their civil rights merely by being arrested?


    Texas CHL Regulations: http://www.txdps.state.tx.us/InternetForms/Forms/CHL-16.pdf


     
    Last edited: Aug 19, 2011
  12. p35

    p35 Member

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    Last year I was representing a guy who had been convicted of robbery in Georgia and done several years in prison for it. The issue was whether it counted as a "strike" so that he was going to get life without parole on the charge I was defending. After a fair amount of research I discovered that his Georgia sentence was some sort of deferred adjudication and not actually a conviction.

    Which is another way of saying that the answer will definitely vary from state to state.
     
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