I'm not going to argue this with you, but I'm sorry, the OP got Deferred Adjudication. That is the correct teminology in Texas.... He go a 90 probation in exchange for a dismissed case... plain & simple... I dont understand what is so difficult to accept the truth?
http://www.avvo.com/legal-guides/ugc/wh ... judication" onclick="window.open(this.href);return false;
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Return to “Class B charges dismissed”
- Fri Feb 27, 2015 10:13 am
- Forum: General Texas CHL Discussion
- Topic: Class B charges dismissed
- Replies: 40
- Views: 9791
- Thu Feb 26, 2015 10:35 am
- Forum: General Texas CHL Discussion
- Topic: Class B charges dismissed
- Replies: 40
- Views: 9791
Re: Class B charges dismissed
Hi guys, thank you & yes, I'm glad I found this forum.
Although I'm not a lawyer, but the fact that they had him sign a form tells me that it was more than a simple dismissal... there was a "condition" in there... on the condition of staying trouble free for 90 days. when there is a form that the court has you sign with a condition in it, that my friend is called a deferred adjudication. They may have called it a "deferred disposition agreement" however its basically the same thing.
If it was a dismissal... he would have walked out the court and not sign a thing. Like I said, the OP's main priority right now should not be a CHL, it should be focused on getting that arrest record & court disposition expuncted.
From the DPS website " If I received deferred adjudication for an offense, am I eligible for a Concealed Handgun License (CHL)?
The Concealed Handgun law states that deferred adjudication will be considered the same as a conviction. Depending on the type of offense and the date of deferral, you may not be eligible for a CHL"
I will add, that the OP will be able to reapply for his CHL after 5 yrs of being convicted of a class B misdemeanor in Texas, but that really depends on the type of charge. for Domestic violence? nope... you wont be able to get one. That is why he must right NOW get that record expuncted... I do believe that he qualifies for that.
Although I'm not a lawyer, but the fact that they had him sign a form tells me that it was more than a simple dismissal... there was a "condition" in there... on the condition of staying trouble free for 90 days. when there is a form that the court has you sign with a condition in it, that my friend is called a deferred adjudication. They may have called it a "deferred disposition agreement" however its basically the same thing.
If it was a dismissal... he would have walked out the court and not sign a thing. Like I said, the OP's main priority right now should not be a CHL, it should be focused on getting that arrest record & court disposition expuncted.
From the DPS website " If I received deferred adjudication for an offense, am I eligible for a Concealed Handgun License (CHL)?
The Concealed Handgun law states that deferred adjudication will be considered the same as a conviction. Depending on the type of offense and the date of deferral, you may not be eligible for a CHL"
I will add, that the OP will be able to reapply for his CHL after 5 yrs of being convicted of a class B misdemeanor in Texas, but that really depends on the type of charge. for Domestic violence? nope... you wont be able to get one. That is why he must right NOW get that record expuncted... I do believe that he qualifies for that.
- Thu Feb 26, 2015 10:15 am
- Forum: General Texas CHL Discussion
- Topic: Class B charges dismissed
- Replies: 40
- Views: 9791
Re: Class B charges dismissed
No, you shouldn't have signed that form..
That was a deferred disposition agreement. In basic terms, you signed a agreement to stay out of trouble for 90 days on the condition that the state doesnt press full charges. That is not a dismissal...that is a deferred adjudication..... When a case is dismissed, you dont sign anything, the judge tells you its dismissed and you walk out the door free & clear., there is no "signing"..
Your main priority right now should not be trying to get your CHL back, its too late for that now.... But you should concentrate now on getting that record expuncted, wait the 5 yr period required and then reapply for your CHL...
That was a deferred disposition agreement. In basic terms, you signed a agreement to stay out of trouble for 90 days on the condition that the state doesnt press full charges. That is not a dismissal...that is a deferred adjudication..... When a case is dismissed, you dont sign anything, the judge tells you its dismissed and you walk out the door free & clear., there is no "signing"..
Your main priority right now should not be trying to get your CHL back, its too late for that now.... But you should concentrate now on getting that record expuncted, wait the 5 yr period required and then reapply for your CHL...