Probation, stand your ground, peaceful journey...etc.

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The Annoyed Man
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Re: Probation, stand your ground, peaceful journey...etc.

#16

Post by The Annoyed Man »

Dannyboy wrote:Sully best explained it. Its like this. The DA looked at my case. Neither of us wanted trial. I asked for deferred adjudicated probation. That means i promised to live up to the conditions of felony probation, and if. I. Completed those conditions, there will not be a conviction on my record. Only a charge, which is now deferred. I never plead guilty, and there never was a trial. Its one of those weird curve balls in the law. If i failed the probation though, my ass ws going down the river for the maximum time for a state jail felony, no early release or parole for good time.

If youre wondering, i got busted for weed. I want to get a CHL, so i can put a 357 round into someone who tries that _______ they pulled in San Bernadino, or in movie theatres, or other peaceful events. Terrorists are here, and so are nutcases. I want to be able to respond instead of watch.
Thanks for the explanation. I was struggling to understand it. I don't care about the weed. Used to smoke a lot of it as a young pup, but I've been clean and sober from anything like that for three decades. I take a libertarian viewpoint vis a vis what I think the law should say about it, but I also think that we absolutely deserve whatever we do to our brains, and I've known a few people over the years that have definitely lowered their own IQs by staying stoned all the time. So while I think it probably ought to be decriminalized, I think it is a really dumb idea to smoke it. But that's just my opinion, which is worth nor more or no less than anyone else's. But, if you're going to carry a gun, you better not be high. That would be just as incredibly stupid as carrying while drunk.
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AJSully421
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Re: Probation, stand your ground, peaceful journey...etc.

#17

Post by AJSully421 »

Dannyboy wrote:Sully best explained it. Its like this. The DA looked at my case. Neither of us wanted trial. I asked for deferred adjudicated probation. That means i promised to live up to the conditions of felony probation, and if. I. Completed those conditions, there will not be a conviction on my record. Only a charge, which is now deferred. I never plead guilty, and there never was a trial. Its one of those weird curve balls in the law. If i failed the probation though, my ass ws going down the river for the maximum time for a state jail felony, no early release or parole for good time.

If youre wondering, i got busted for weed. I want to get a CHL, so i can put a 357 round into someone who tries that _______ they pulled in San Bernadino, or in movie theatres, or other peaceful events. Terrorists are here, and so are nutcases. I want to be able to respond instead of watch.
How much weed were you caught with? Was it in the range of 1/4 oz - 5 pounds?

Also, drug offenses are not listed as one of the ineligible offenses for getting an order of non-disclosure. So that is good news. Sounds like you may have completed DA in 2013? If so, the date of your release in 2018 you can file for a ND, and submit CHL documents the day that the judge signs the order (I'd give it a few weeks if it were me, you will have to take the class and gets docs together anyhow).

Go ahead and pull copies of charging docs, getting on deferred, getting released from deferred, and be ready to submit a copy of the order of ND when the time comes.
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Dannyboy
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Re: Probation, stand your ground, peaceful journey...etc.

#18

Post by Dannyboy »

Btw, I considered the probation to be a gift. I've been clean/sober for over 5 years now myself. I do believe weed should be legal though, every bit as legal as alcohol, which does much more damage to people and society as a whole than weed even comes close to doing. I'm lucky the law allowed me that option at the time. It's funny how every little detail of a charge and case can affect a district attorney's thoughts on how to proceed.

As I said, I want to get a CHL. Not just so I can carry day and night, everywhere I go, but so that I can scrutinize and choose when I want to carry. San Bernadino and similar events are just now starting.

infoman
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Re: Probation, stand your ground, peaceful journey...etc.

#19

Post by infoman »

You would be disqualified for 10 years from your judgement/sentence date. In other words from the date you were given deferred adjudication. NOT from the date that you finished your probation.

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Dannyboy
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Re: Probation, stand your ground, peaceful journey...etc.

#20

Post by Dannyboy »

Thanks Infoman. That's my current understanding, based on conversations with the CHL instructor. However I understand a lawyer might be able to help me get it a little quicker, with a non discloser order from a judge??? Are you familiar with the procedure, and do you know if there's any merit to that?
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