Legal Question; Charge Deferred

[gigag04]

I'm also curious what's the trick to prevent deferred adjudication being counted as a conviction. I hope I never need it but forewarned is forearmed.

I'll bite. Don't get arrested or cited in the first place.

That said if you do, get acquitted, or get the charges dropped all together and the arrest expunged.

[cbr600]

I was referring to this. Sorry if that wasn't clear.

A deferred adjudication is a conviction. If the offense was a non-violent felony, it is not considered a conviction after 10 years.

Based upon what you describe, you may be able to get your CHL back shortly after the deferred is completed. I say this based upon a change in the statue in 2009. It will depend upon how the court enters the dismissal order.

[Mutiny6910]

I got in some trouble a few months ago and was put on deferred adjudication probation for 12 months. I was about a month from getting my CHL. DPS sent me a letter asking to send the outcome within 90 days after court. I did that. What all do I need to do after I get off probation to get my CHL? Thanks Hopefully I don't have to wait that 10 years from what some of you have said. If you need anymore info ask.

[parisite]

To make a long story short guys they also got me for Public Intoxication but that charge was dropped. They kept the more serious charge of Unlawful Carry of a Weapon.

I was on my way back home from an out of town football game and pulled over in this closed shopping center parking lot to catch a nap about 11:30pm.....not bothering a soul. I had two margaritas right before the game at a restaurant.

[dicion]

To make a long story short guys they also got me for Public Intoxication but that charge was dropped. They kept the more serious charge of Unlawful Carry of a Weapon.

I was on my way back home from an out of town football game and pulled over in this closed shopping center parking lot to catch a nap about 11:30pm.....not bothering a soul. I had two margaritas 4-5 hours before the game at a restaurant.

And you had a handgun on you, or in your glove box, inside your vehicle?

Sorry to tell you man, but it's not UCH-CHL Holder, if you're carrying under MPA, because you have to be carrying under the authority of CHL in order to get nicked with that.

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
...
(d) A license holder commits an offense if, while intoxicated, the
license holder carries a handgun under the authority of Subchapter H,
Chapter 411, Government Code, regardless of whether the handgun is
concealed.

CHL is an exemption to 46.02, but you don't need that exemption when you're carrying in a motor vehicle, Therefore, you were not carrying under the authority of CHL.

There is no intoxication clause under generic 46.02 UCW, and I don't know what else they could have charged you with under that, since Carrying in your vehicle is an exception to all of 46.02.

You should not have pled out IMO. They had no case.

This is why you need to have a lawyer that knows CHL law.
IANAL, My opinion only.

[BrianSW99]

So, they arrested you for carrying while intoxicated after having had 2 margaritas 4-5 hours before the football game and nothing more? By that time, you've had 4-5 hours, plus the length of the football game, plus however long you had been driving at that point. How did the officer determine that you were intoxicated? Was there a field sobriety test done?

[Bart]

He already entered his plea in return for the DA. A dogpile doesn't help anyone at this point.

[parisite]

I'm sorry, I edited my previous post. I should have said ''4-5 hours before, right before the football game''. I don't proofread very well.

Yes, they done a field sobriety test and made me blow into the tester thing (for lack of a better word). The reading was .08%.......at the bare minimum.

I guess I'm lucky they didn't give me a DWI. The handgun was in the floorboard behind the passenger's seat, at arm's length for my right hand while driving.

He asked me if I had any weapons in the car. I said "yes". Some have told me I shouldn't have told them? But if they were going to arrest me they would have searched my car anyway, I think.

[srothstein]

Thanks. This helps clear up some questions for us. Many times we have discussed how a person with a CHL can get convicted of unlawfully carrying. In your case, it sounds like the wrong charge was filed (or you are possibly using the wrong charge here). A non-CHL would properly have been charged with unlawfully carrying (MPA would not apply because even PI is a crime that bars it), but a CHL should have been charged with the slightly different charge of unlawfully carrying a weapon by a license holder. The exact charge does not matter as they are both class A misdemeanors. And the plea bargain obviously makes it all moot anyway.

I am glad things worked out for you as well as they did. A DWI is very hard to live with and pay for in today's society. And, just so everyone knows, the little machine they tested you with is called a portable breath tester (or PBT). They are admissible in court for use as a field sobriety test (the officer can testify what it read) but they are not accurate enough or meet the requirements for the court to simply say it was DWI like a breathalyzer.

[parisite]

I just wanted to take a minute and thank you Mr. Cotton for your keen advice and helpful insights on this matter. Things worked out well.

I recieved my renewed CHL in the mail today!!!

[2up1down]

I just wanted to take a minute and thank you Mr. Cotton for your keen advice and helpful insights on this matter. Things worked out well.

I recieved my renewed CHL in the mail today!!!

Would you please elaborate on the process and particulars for us?

[Kythas]

I just wanted to take a minute and thank you Mr. Cotton for your keen advice and helpful insights on this matter. Things worked out well.

I recieved my renewed CHL in the mail today!!!

Congratulations!

[johnson0317]

Good for you! I hope everyone who read this thread was able to get the take home point from it.