Search found 4 matches

by Charles L. Cotton
Wed May 25, 2011 12:47 pm
Forum: General Texas CHL Discussion
Topic: Recent Changes in CHL / Deferred Adjudication
Replies: 30
Views: 8163

Re: Recent Changes in CHL / Deferred Adjudication

dbox wrote:I too am in the exact same boat....I'm a current CHL holder with a more than 10yr old deferred burglary of a habitation charge. If there is ANYTHING I can do to be able to renew my license, I'm more than willing. Mine is set to expire in October of 2012.
There's nothing you can do to renew a Texas CHL as the law stands now. This is something that likely will be addressed during the 2013 Texas Legislative Session. There wasn't enough time this session because of the budget and redistricting.

Chas.
by Charles L. Cotton
Sun Jan 09, 2011 11:15 am
Forum: General Texas CHL Discussion
Topic: Recent Changes in CHL / Deferred Adjudication
Replies: 30
Views: 8163

Re: Recent Changes in CHL / Deferred Adjudication

overtenyears wrote:I too would like to testify. It has been over ten years since my conviction. At the time I was young and ignorant. Since then, I have made an effort to turn my life around. I have done so with some success. I graduated from college with honors and have a professorial job in information technology. In my opinion, my respect for the law is heightened by this experience. I want to ensure I never break another law in my life. Each day is a blessing and freedom is not taken for granted. Please let me know what I can do to help persuade changes. Like many I was told that deferred adjudication would be a better choice than fighting the case. The real problem is I cannot appeal now. Looking back, I should have fought the case, since I never entered a habitation and was only in the driveway. A friend went into a garage and stole beer from refrigerator. I did aide in the crime, but I never entered the garage or broke the plane of a doorway. That said, the incident was a catalyst for me and I walk the straight and narrow.
If you are interested in telling your story, please email me with your contact information. I'm not at all sure we can get a bill filed this session because of the time constraints that will be caused by redistricting and the budget shortfall. I would also be interested in seeing the orders in your case. They may be helpful.

Chas.
by Charles L. Cotton
Wed Apr 07, 2010 7:48 pm
Forum: General Texas CHL Discussion
Topic: Recent Changes in CHL / Deferred Adjudication
Replies: 30
Views: 8163

Re: Recent Changes in CHL / Deferred Adjudication

3girlsformommy wrote:Please let know if the PM doesn't come thru -- I am new to your site and this type of communication.

I see it in the draft folder . . instead of the sent folder . .
I received it and responded.

Chas.
by Charles L. Cotton
Wed Apr 07, 2010 7:15 pm
Forum: General Texas CHL Discussion
Topic: Recent Changes in CHL / Deferred Adjudication
Replies: 30
Views: 8163

Re: Recent Changes in CHL / Deferred Adjudication

3girlsformommy wrote:Does anyone have any idea what prompted the recent change in the CHL laws? Prior to September 1, 2009 an individual with a deferred adjudication case more than 10 years old was eligible to get a CHL. Then burglary of a habitation was added to the list of offenses that prohibit an individual from EVER getting a CHL.

So a year ago my husband would have been eligible to get his CHL and now he's not EVER able to do so??!! He's been a model citzen, no legal infractions in over 20 years. He's wonderful father (of three girls, hence my screen name), husband, a mentor to recovering addicts, held leadership positions in every church we've ever attended.

Since burglary of a habitation is a felony, it cannot be expunged; although he IS seeing an attorney to have the record publicly sealed, it will remain to be viewed by the local, state, and federal government. That it is not what is most troublesome -- it's that basically he's gotten a life sentence of sorts, with no ability to appeal.

Worse yet, when his offence happened he was given the impression by his attorney that once he completed the deferred adjudication the offense would not appear on his record. We just discovered a year or so ago that it was listed on the DPS website!! Even though he did exactly what was required and took his life in an entirely different direction, he has not gotten the result that his (court appointed) attorney told him he would get.

He is also extremely unhappy to find his ability to protect himself and his family limited -- with no appeal or exception.

If you've got any ideas as to what preciptated this or what might be able to be done (preliminary discussion with an attorney indicates he's just out of luck here) would be greatly appreciated.
I know exactly what prompted the change, but I can't post it here. If your husband is willing to testify during the 2011 Texas Legislative session, please send me a PM with your contact information.

thanks,
Chas.

Return to “Recent Changes in CHL / Deferred Adjudication”