Deferred Adjudication

[johnnyt6]

I know I'm right. It's in black and white.

I want there to be case, so others can benefit from my court case.

It's very shady, no calls, no explanation, no chance for me to prove they are fools.

I smell discrimination and emotional distress.

[TexasLlama]

This seems like the right area to be for my post.

First I ask that you please don't judge me for something I did when I was a dumb ole teenager. Definitely doesn't define who I was or definitely who I am today.

I received deferred adjudication for attempted aggravated assault when I was 18. I can purchase firearms without any problem. I realize that on the DPS site it states that deferred cases will be treated as convictions. I also read though that only certain crimes disqualify you for CHL purposes. They are the crimes under Title 9 and Chapter 29. Assault is listed in the list, but not attempted aggravated assault. The only attempt words I could find were attempt in suicide and sexual assault. I'm not sure if this is a small loop hole I could use to fight it.

I also had a question for Johnny. Which paper work stated if it was set aside, nulled, etc.. I'm having trouble finding exactly how my case was treated.

If this doesn't work I'll have to wait additional 5 years to hopefully receive a pardon after proposition 9 passed. I just don't understand how a rapist, murderer, child molester, etc do 10 years in the pen and be eligible for a pardon the day of release. Someone who has stayed out of trouble and proven under "community supervision" that he is able to abide by the law has to wait.

[johnnyt6]

Here is some clarification:

First, go to the court clerk where your file was handled and ask for the complete record.

The final action is what you are looking for.

In my case, I agreed to a NAOG. Meaning, I had 6 months of unsupervised probation with a small fine Class A misdemeanor. After I completed it, a motion to "set aside," the charge was put in and my final disposition is DISM.

On the court document itself, the words, "set aside," are in there clear as day.

Under Texas code 411.172(8) "has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code"

Under Texas code 411.171(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:(A) expunged;(B) pardoned under the authority of a state or federal official; or(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law."

Let me break down 411.171(4) In some deferred adjudication cases, they are simply discharged from community supervision, DSCH.

In my case, after my probation was completed, the judge ordered my entire case, including the deferred adjudication be set aside. Resulting in a non conviction or in other words, DISM or full dismissal. Same as a winning with a jury or the district attorney dropping the charges.

The reason 411.171(4)c is stated as vacated, set aside, annulled, invalidated, voided, or sealed was because courts use different verbiages for the same outcome.

I hope this helps and if you need any help, pm me and I'll send you my number.


References

Dallas County disposition codes

http://www.dallascounty.org/criminalBac ... odes.jsp#2" onclick="window.open(this.href);return false;

Texas Government Code

http://www.statutes.legis.state.tx.us/D ... GV.411.htm" onclick="window.open(this.href);return false;

This is the case that prompted the change of the law in 2009

http://www.8thcoa.courts.state.tx.us/op ... 37&redir=1" onclick="window.open(this.href);return false;

[karb0n]

Unbelievable, I got a revocation notice today. District court, here I come.

I am getting sick and tired of doing other people's jobs for them.

Sounds like your application to become an instructor caused them to revoke your CHL based on the same original garbage they pulled on you the first time.

I have a feeling you will get this resolved and have your CHL and eventually your instructor license as well. It's sad that it will cost you a tidy sum of cash to get this resolved.

Sorry to hear about this but you are doing everything you should be doing in this situation. Keep us informed.

[pcgizzmo]

When you get it fixed, I would also make darn sure you didn't have to go through this every time your CHL and teaching cert expires. So, whatever your attorney could do to help them remember next time would probably help you out as well.

[johnnyt6]

No action thus far. Still waiting.

[johnnyt6]

I talked to them today.

Apperently they are setting a court date in a JP court in my county.

I'll keep the board updated.

[johnnyt6]

My court date is in two weeks.

I also obtained my Florida permit.

[Jnsey]

I guess this is a good place for my first post. A little background, i made a dumb mistake of choosing the wrong roommate when i was in college and got charged with a SJF theft. I was to broke to afford a good attorney and was told the deferred adjudication plea was my best deal so that's what i did. After 3 years and several thousand dollars i was done with everything.

I have several questions now though, the first being what date is it that i have to wait 10 years afterwards before i can apply for my CHL and do i need to send any documents in when i send in my application. My next questions is more directed at Johnnyt6, when you got your Florida CHL what did you do for your "firearms training course"? I have read some people have sent in their green hunters safety course card, but from what i read in my packet i have received from them it states the certificate must have the instructors signature, name, and cert #. The card i have only has his cert # on it. Will they still accept it and if so what was your turn-around time.

[Jumping Frog]

I guess this is a good place for my first post. A little background, i made a dumb mistake of choosing the wrong roommate when i was in college and got charged with a SJF theft. I was to broke to afford a good attorney and was told the deferred adjudication plea was my best deal so that's what i did. After 3 years and several thousand dollars i was done with everything.

I have several questions now though, the first being what date is it that i have to wait 10 years afterwards before i can apply for my CHL and do i need to send any documents in when i send in my application. My next questions is more directed at Johnnyt6, when you got your Florida CHL what did you do for your "firearms training course"? I have read some people have sent in their green hunters safety course card, but from what i read in my packet i have received from them it states the certificate must have the instructors signature, name, and cert #. The card i have only has his cert # on it. Will they still accept it and if so what was your turn-around time.

I see it is your first post, so welcome.

If you pursue the Florida license route, I still strongly recommend that you take the time to take a regular Texas CHL training class. There is no substitute for thoroughly understanding Texas law regarding deadly force and related topics.

[¿Qué?]

I guess this is a good place for my first post. A little background, i made a dumb mistake of choosing the wrong roommate when i was in college and got charged with a SJF theft. I was to broke to afford a good attorney and was told the deferred adjudication plea was my best deal so that's what i did. After 3 years and several thousand dollars i was done with everything.

I have several questions now though, the first being what date is it that i have to wait 10 years afterwards before i can apply for my CHL and do i need to send any documents in when i send in my application. My next questions is more directed at Johnnyt6, when you got your Florida CHL what did you do for your "firearms training course"? I have read some people have sent in their green hunters safety course card, but from what i read in my packet i have received from them it states the certificate must have the instructors signature, name, and cert #. The card i have only has his cert # on it. Will they still accept it and if so what was your turn-around time.

I see it is your first post, so welcome.

If you pursue the Florida license route, I still strongly recommend that you take the time to take a regular Texas CHL training class. There is no substitute for thoroughly understanding Texas law regarding deadly force and related topics.

If you take the Texas class to learn something, instead of for to get the rubber stamp to exercise a constitutional right, strongly recommend that you take the time to find an instructor who knows the law really well, teaches the law, and keeps his or her personal opinions to themselves about non-compliant signs, chemtrails, having a glass of wine with dinner, government conspiracies, not being allowed to carry a spare magazine, etc. If you're going to spend TEN HOURS listening to them, make sure they're teaching you valuable information instead of their imaginary bogey men.

If you can make it to one of Charles Cotton's deadly force seminars, or his CHL class, you will learn the law with practical real world examples.

There are other good instructors too, but there's also some hacks who show Lenny Magoo videos and rant about Muslims instead of teaching Texas law. Caveat emptor.

[Jnsey]

Thanks for the advise i greatly appreciate it. Yes i do plan on getting my Texas CHL once i am able to and plan on finding a good instructor. I have heard some horror stories on the internet and even from friends and family who have taken from guys who try to push their own agenda and not just teach facts.

[Crossfire]

There are other good instructors too, but there's also some hacks who show Lenny Magoo videos...

Lenny Magoo... that's my new name for that arrogant, over inflated egotist!

[Rays]

I hate to ask this ? because yall have seen many times but I would like some imput so here it goes, I have an arrest in 1987 battery on spouse I slaped my x wife after she and I yelled for 36 hours I left a couple of times but when i came home she started up again she spit in my face when i was going to bed she wanted me out of the navy and she got her wish i got a OTH DISCHARGE from the NAVY we all know some men are good guys but SOME women do stuff to punish their hubbies.I got 3 months probation. And in 2000 assault on a family member causing bodily injury (jerked wifes purse to get my credit cards and I broke a press on nail her dad called after this she was upset and he called the police) i have not been in any trouble since and yes we are still together. they are the only times i have been arrested, i got 6 months probation and it has been dismissed (it was a deferred ajudication before it was dismissed) do I have a chance of buying a gun and getting a TEXAS chl ? I have been searching all over the web for good post some say yes some say no but i have been looking. Can anyone here help me out with some good info ? Thanks for all ahead of time.

[Rays]

Forgot to say I have no convictions because I was able to buy a few guns after the 87 deal but can't remember if I got my last gun before or after the 2000 deal.Also I am not a person who stays angry they were nothing that a lot of guys have been through Thank you.