Really Ticked Off

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Bryan007
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Really Ticked Off

Postby Bryan007 » Fri Oct 13, 2017 11:37 am

To make a long story short I have been fighting my CHL license for the last 2 years. So far I have gone to a JP Court where my case was not even heard since the Judge was falling a sleep during arguments so they ruled for DPS. I filled an appeal in County court where the state ruled on my behalf and the Judge even told the Attorney for the state that she was wrong with her filling, but the fight goes on. So the state filled for a new trial in county court since they lost and it was denied by the Judge. Now the state moved my case to the court of appeals in Harris County, the fight still continues.

I was charged with a simple assault and plead guilty to a simple assault at the advice of my attorney 4 years ago. The state is trying to misinterpret the law and say that I was convicted of a Domestic Violence charge which I was not.

Has anyone else had to go though all of this bull with DPS?

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mojo84
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Re: Really Ticked Off

Postby mojo84 » Fri Oct 13, 2017 11:41 am

What is your relationship to the person you plead guilty to assaulting?


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Bryan007
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Re: Really Ticked Off

Postby Bryan007 » Fri Oct 13, 2017 11:48 am

The altercation was with my Wife at the time.

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The Annoyed Man
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Re: Really Ticked Off

Postby The Annoyed Man » Fri Oct 13, 2017 11:52 am

Bryan007 wrote:The altercation was with my Wife at the time.

Not to be unsympathetic, but this is why they are pursuing it the way they are. If other courts have ruled in your favor, it may be that your only recourse is to to keeps spending lawyer money until it gets to the state Supreme Court, where you can get an untouchable ruling in your favor. Only you can decide if your license is worth that expense.
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Bryan007
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Re: Really Ticked Off

Postby Bryan007 » Fri Oct 13, 2017 12:08 pm

I appreciate the comment and yes it will probably make it to the Supreme Court level. A simple Assault and a Domestic Violence Assault are totally different convictions according to my Attorney and hold different consequences.

My attorney is taken care of financially and said he will fight this one till the end.

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nightmare69
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Re: Really Ticked Off

Postby nightmare69 » Fri Oct 13, 2017 1:28 pm

So you pleaded guilty to assault by contact? It’s a class C misdemeanor. Assault family violence is a entire different animal.
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ninjabread
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Re: Really Ticked Off

Postby ninjabread » Fri Oct 13, 2017 5:38 pm

Either DPS and some judges are wrong thinking assaulting a family member is "family violence" according to the meanings assigned by Chapter 71, Family Code, or somebody on the internet is wrong.
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tool4daman
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Re: Really Ticked Off

Postby tool4daman » Sun Oct 15, 2017 1:36 pm

I'm no lawyer, but in order for that to be considered to be domestic violence, doesn't the judge have to enter into the judgement a finding of domestic violence? Without that finding of domestic violence in the court order, it is my understanding that it is not domestic violence.
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Abraham
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Re: Really Ticked Off

Postby Abraham » Sun Oct 15, 2017 1:45 pm

In the mean time, can Bryan007 carry in his vehicle per the MPA even with his past charge or is this too verboten given his past legal problem?

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nightmare69
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Re: Really Ticked Off

Postby nightmare69 » Sun Oct 15, 2017 2:46 pm

Im assuming you pleaded guilty to a class C assault to avoid trial from the DA. What is jamming you up is the victim in this case was your wife.

Were you arrested the night of the assault? What was the original charge you were accused of?
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tool4daman
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Re: Really Ticked Off

Postby tool4daman » Sun Oct 15, 2017 4:34 pm

If you were convicted or placed on deferred adjudication for an offense under Title 5 of the Texas statutes, there must be an affirmative finding of domestic violence in the sentencing in order for this to be considered domestic violence. So the bottom line is under what statute were you ultimately charged/sentenced for? It doesn't matter what you were originally arrested for, or who the victim was as long as you were sentenced under a Title 5 statute.

Check this out:
http://www.txcourts.gov/media/478296/chapter10.pdf
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Captain Matt
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Re: Really Ticked Off

Postby Captain Matt » Sun Oct 15, 2017 6:57 pm

Maybe some people are confused about the difference between the Federal restriction (the loot and burn amendment) and Texas LTC eligibility requirements.
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infoman
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Re: Really Ticked Off

Postby infoman » Sun Oct 15, 2017 9:58 pm

A simple assault and/or assault by contact, ARE disqualifying if you were convicted of either (even if just a Misdemaemor C) if the victim was your spouse- in this case your wife at the time. So, sounds like you are permanently ineligible, & should be.

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C-dub
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Re: Really Ticked Off

Postby C-dub » Sun Oct 15, 2017 10:26 pm

I'm at a loss on this one. How is an assault on one's spouse not domestic violence? Isn't that the very definition of domestic violence or at least one of the definitions?
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ScottDLS
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Re: Really Ticked Off

Postby ScottDLS » Sun Oct 15, 2017 10:39 pm

infoman wrote:A simple assault and/or assault by contact, ARE disqualifying if you were convicted of either (even if just a Misdemaemor C) if the victim was your spouse- in this case your wife at the time. So, sounds like you are permanently ineligible, & should be.


No misdemeanor "should" be permanently disqualifying and it is generally up to the state to determine what crimes qualify as domestic "violence". There are some Federal guidelines too, but it doesn't sound like these are in play. It seems that the state is not following their own guidelines despite the county judges' orders to do so. Of course we're not privy to all the facts but certainly seems like OP is being railroaded.
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