03Lightningrocks wrote: ↑Tue Jul 23, 2019 10:47 pm
RoyGBiv wrote: ↑Tue Jul 23, 2019 10:25 pm
03Lightningrocks wrote: ↑Tue Jul 23, 2019 9:59 pm
RoyGBiv wrote: ↑Tue Jul 23, 2019 9:54 pm
I'm not a lawyer, this is just my opinion.
Deferred adjudication is treated as a conviction for LTC eligibility.
Burglary of a habitation, if convicted, would be a felony.
Any felony is a permanent disqualification for LTC.
That is incorrect. A deferred adjudication is not a felony conviction. LTC has a ten year wait period for a deferred adjudication.
Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application for a license under this subchapter unless the order of deferred adjudication was entered against the person for:
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07 or 25.072, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is punishable under Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed in Subdivision (1).
Maybe you should read 30.02?
Peace.
I see what your saying now. Well then I am no longer sure. I had not looked up 30.02. Looks like a burglary is forever. If I read it correctly.
but your best bet is to go ahead and speak with a actrul attorney. Most the time they won't charge unless they actruly have to proceed in the case.