Deferred adjucation/prosecution question

nightdragon · Post by **nightdragon** » Fri Nov 02, 2007 6:59 am

I keep reading and reading and get conflicting information about certain aspects of the texas concealed carry requirements. I plan on moving to the houston area in april and would like to know if after my residency requirements are completed I'll be eligible. I'm 23 years old, have a clean psychiatric history, and not chemically dependant. My issue seams to be the part about certain criminal charges. In april of 2007 I signed a deferred prosecution agreement in my home state of wisconsin for disorderly conduct, under which I am considered innocent and all the charges are dropped as long as I don't get into trouble before april of 2008. I was reading on several websites that said I'm not eligible for another 10 years and a few others say I am. I'm confused...HELP.

Sincerely,

Ryan

seamusTX · Post by **seamusTX** » Fri Nov 02, 2007 7:20 am

Welcome to the forum and to the great state of Texas. I'm always in the dark about deferred adjudications, but I think you should be good to go after getting a final order dismissing the charges.

- Jim

nightdragon · Post by **nightdragon** » Fri Nov 02, 2007 7:23 am

Thank you jim....even if I'm not good to go for the CHL in april I'm still glad to be moving out of the repressive state of wisconsin. Unfortunately I've heard some bad things about the Houston area after katrina and the surge of evacuees. Thats why I was hoping to get a CHL.

seamusTX · Post by **seamusTX** » Fri Nov 02, 2007 7:27 am

I visit Houston pretty often. It's no worse than Milwaukee. The bad news is concentrated in certain neighborhoods, aside from convenience stores, which can be hit anywhere.

I'm a native of Chicago, BTW.

- Jim

nightdragon · Post by **nightdragon** » Fri Nov 02, 2007 7:37 am

ah so you left an oppressive state as well huh? lol I've only been to chicago once and only through it a few times....but that visit to chicago left me with a few too many scars, needless to say I won't go back unless it's life and death.

tallmike · Post by **tallmike** » Fri Nov 02, 2007 8:31 am

I dont know anything about the deferred adjudication, but I can tell you there is no longer a 6 month residency requirement. If you are eligible for a permit you can do it as soon as you arrive.

Also, if you arent eligible in texas look into a utah permit.

biblefreak · Post by **biblefreak** » Fri Nov 02, 2007 9:47 am

I am not a lawyer but I had a deferred adjudication for a felony when I was 18 and recently acquired my CHL and have done TONS of research regarding this issue. First question I would have for you would be whether or not your disorderly conduct was a felony or misdemeanor and if it was the latter, what was the grade, i.e. class A, B, or C? This will greatly affect the answer.

Justin

Photoman · Post by **Photoman** » Fri Nov 02, 2007 9:51 am

biblefreak... I like that name.

Regarding the OP: I think a quick call to Austin would either answer your question or get you headed in the right direction.

nightdragon · Post by **nightdragon** » Fri Nov 02, 2007 10:14 am

Disorderly Conduct

Misd. B

Deferred Prosecution

thats what shows up on my criminal background check.[/quote]

Longtooths · Post by **Longtooths** » Fri Nov 02, 2007 10:28 am

As part of the deferred adjudication agreement you are to be good until April 08. Until that time the charge is still in affect or can still be made permanent.
DPS is concerned with the final disposition of the offense. i.e they do not ask if you have been charged, they ask if you have been convicted of ....

Until April 08 when the final disposition of this case, I would think you ineligible.

txinvestigator · Post by **txinvestigator** » Fri Nov 02, 2007 10:50 am

A deferred IS a conviction for CHL purposes. Texas does NOT look at the classification of the crime in other states, but to the potential penalty.

If the disorderly has a potential penalty of 1 year or less in jail, then Texas will treat it as a Class A misdemeanor. You are ineligible until 5 years from the date of conviction. That is NOT the date you are discharged from probation, but the original conviction date.

Texas Government Code (CHL LAWS)
Â§ 411.171. DEFINITIONS. In this subchapter:

4) "Convicted" means an adjudication of guilt or,
except as provided in Section 411.1711 (certain felonies), 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; or
(B) pardoned under the authority of a state or
federal official.

Â§ 411.172. ELIGIBILITY. (a) A person is eligible for a
license to carry a concealed handgun if the person:

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 (disorderly conduct), Penal Code;

(b) For the purposes of this section, an offense under the
laws of this state, another state, or the United States is:
(1) a felony if the offense, at the time of a person's
application for a license to carry a concealed handgun:
(A) is designated by a law of this state as a
felony;
(B) contains all the elements of an offense
designated by a law of this state as a felony; or
(C) is punishable by confinement for one year or
more in a penitentiary; and
(2) a Class A misdemeanor if the offense is not a
felony and confinement in a jail other than a state jail felony
facility is affixed as a possible punishment.

nightdragon · Post by **nightdragon** » Fri Nov 02, 2007 10:52 am

Thats the kinda answer I was hoping for. Seeing as though I'm not a loud-mouth looking for a fight like the officers depicted me as in their report(thank god the judge disagreed with them), I'm 100% sure this is going to turn into a dismal. Sad thing is since I was charged for the incident as well, I won't get the restitution I'm entitled to due to wisconsin law. So I've had to fork over $3000 in court costs, public defender fee's and medical bills since the incident occurred. Thank you Longtooth for shedding light on this for me.

txinvestigator · Post by **txinvestigator** » Fri Nov 02, 2007 11:07 am

nightdragon wrote:Thats the kinda answer I was hoping for. Seeing as though I'm not a loud-mouth looking for a fight like the officers depicted me as in their report(thank god the judge disagreed with them), I'm 100% sure this is going to turn into a dismal. Sad thing is since I was charged for the incident as well, I won't get the restitution I'm entitled to due to wisconsin law. So I've had to fork over $3000 in court costs, public defender fee's and medical bills since the incident occurred. Thank you Longtooth for shedding light on this for me.

No disrespect to him, but I believe Longtooth is incorrect. A deferred is a conviction. But call DPS and ask for a defintitive answer;

(512) 424-2000 ask for CHL licensing.

nightdragon · Post by **nightdragon** » Fri Nov 02, 2007 11:39 am

yea I guess I could always do that lol.....unlimited long distance is a good thing.

Post by **Charles L. Cotton** » Fri Nov 02, 2007 11:51 am

txinvestigator wrote:
nightdragon wrote:Thats the kinda answer I was hoping for. Seeing as though I'm not a loud-mouth looking for a fight like the officers depicted me as in their report(thank god the judge disagreed with them), I'm 100% sure this is going to turn into a dismal. Sad thing is since I was charged for the incident as well, I won't get the restitution I'm entitled to due to wisconsin law. So I've had to fork over $3000 in court costs, public defender fee's and medical bills since the incident occurred. Thank you Longtooth for shedding light on this for me.
No disrespect to him, but I believe Longtooth is incorrect. A deferred is a conviction. But call DPS and ask for a defintitive answer;

(512) 424-2000 ask for CHL licensing.

Correct; deferred adjudication is statutorily defined as a "conviction" for purposes of obtaining a CHL. Here is the definition:

Gov't Code Â§411.174 wrote: Â§ 411.171. DEFINITIONS. In this subchapter:
(1) "Action" means single action, revolver, or
semi-automatic action.
(2) "Chemically dependent person" means a person who
frequently or repeatedly becomes intoxicated by excessive
indulgence in alcohol or uses controlled substances or dangerous
drugs so as to acquire a fixed habit and an involuntary tendency to
become intoxicated or use those substances as often as the
opportunity is presented.
(3) "Concealed handgun" means a handgun, the presence
of which is not openly discernible to the ordinary observation of a
reasonable person.
(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; or
(B) pardoned under the authority of a state or
federal official.

Here is the exception, but it doesn't help this person.

Gov't Code Â§411.1711 wrote:Â§ 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 an offense
under Title 5, Penal Code, or Chapter 29, Penal Code.