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Pending Misdemeanor
Posted: Thu May 14, 2015 10:53 pm
by BaleKlocoon
I have a misdemeanor (class A) that has been pending for more than 6 months. I have never been convicted of a crime nor have I accepted any kind of agreement for a crime. Does a pending charge affect my CHL? I haven't been carrying to be on the safe side but I am curious. I know my license will be suspended if I am convicted but I cannot find any information about how a pending charge affects my license.
Re: Pending Misdemeanor
Posted: Thu May 14, 2015 11:38 pm
by casp625
BaleKlocoon wrote:I have a misdemeanor (class A) that has been pending for more than 6 months. I have never been convicted of a crime nor have I accepted any kind of agreement for a crime. Does a pending charge affect my CHL? I haven't been carrying to be on the safe side but I am curious. I know my license will be suspended if I am convicted but I cannot find any information about how a pending charge affects my license.
The answer to your questions is located here:
http://www.statutes.legis.state.tx.us/D ... tm#411.187
[/(a) The department shall suspend a license under this section if the license holder:
(1) is charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
However, my understanding is the police department was suppose to submit a form to Texas DPS stating you are charged with a crime and to suspend your license. What I do not know, however, is if they fail to submit the form, if you are truly suspended and/or must surrender it.
Re: Pending Misdemeanor
Posted: Fri May 15, 2015 5:28 pm
by Jumping Frog
If you are convicted, make sure you formally surrender your license before it gets revoked.
A class A misdemeanor means no license for 5 years. If they have to revoke it, that adds an extra 2 years.
Re: Pending Misdemeanor
Posted: Tue Jul 14, 2015 10:57 pm
by BaleKlocoon
My case was outright dismissed. Should I feel comfortable carrying now? Should I call Texas DPS to confirm I can carry?
Re: Pending Misdemeanor
Posted: Wed Jul 15, 2015 5:49 am
by Jumping Frog
Congratulations!
Carry away. No need to contact DPS.
Re: Pending Misdemeanor
Posted: Wed Jul 15, 2015 9:10 am
by howdy
Keep ALL the paperwork from your legal dealings. Gather it up and put it in a safe place that you can find come CHL renewal time. I do not think there will be a problem but it will help you find the important forms if the DPS has questions.
Re: Pending Misdemeanor
Posted: Wed Jul 15, 2015 10:26 am
by WildBill
howdy wrote:Keep ALL the paperwork from your legal dealings. Gather it up and put it in a safe place that you can find come CHL renewal time. I do not think there will be a problem but it will help you find the important forms if the DPS has questions.
I am glad that it turned out well for you.