llwatson wrote:Deferred Adjudication is treated as a conviction.Russell wrote:Deferred Adjudication on a class B misdemeanor affects your CHL status? I thought it wouldn't unless you were actually found guilty.
From the DPS publication, LS-16, In the "Q and A" Section:
Q: After I was arrested and charged with a criminal offense, I
received an order of deferred adjudication. Is this considered a
conviction, even though the case was eventually dismissed?
A: Yes. The concealed handgun law states that deferred adjudication
will be treated as a conviction, except for orders of deferred
adjudication over 10 years old for certain felony offense not involving
violence against a person. See Texas Gov’t. Code § 411.171(4).
Well this is the whole reason for getting the lawyer in the first place, to save my CHL. That and I currently have my application in at a local PD. This is just fantastic. It may not even be worth the 1500.00 and just take the plea. I'm hosed either way. I will have to go for a full dismissal which will more than likely involve a trial and that is serious $$$, and still no guarantee....
After reading the Penal Code I found this...what do you think.
(d) An offense under Subsection (e) is a Class C misdemeanor
unless it is committed in a habitation or unless the actor carries a
deadly weapon on or about the actor's person during the commission
of the offense, in which event it is a Class A misdemeanor. An
offense under Subsection (a) is a Class B misdemeanor, except that
the offense is a Class A misdemeanor if:
(1) the offense is committed:
(A) in a habitation or a shelter center;
(B) on a Superfund site; or
(C) on or in a critical infrastructure facility;
or
(2) the actor carries a deadly weapon on or about his
person during the commission of the offense.
(e) A person commits an offense if without express consent
or if without authorization provided by any law, whether in writing
or other form, the person:
(1) enters or remains on agricultural land of another;
(2) is on the agricultural land and within 100 feet of
the boundary of the land when apprehended; and
(3) had notice that the entry was forbidden or
received notice to depart but failed to do so.
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun was
forbidden; and
(2) the person was carrying a concealed handgun and a
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun of the same category the person was
carrying.
Is it possible to reduce to a C if I have the CHL? as a defense to prosecution?
. When we were in his office the lawyer called over to the DAs office and talked to them about the case AND called the lead investigator of the case whom he also knew. He told my friend he would take the case and that it sounded like a good outcome but that he could in no way garuntee anything. Any lawyer that says "I can get this taken care of no problem." is probably full of it. It takes going over the facts of the case and at least meeting with the DA to come to that conclusion. There are a lot of lawyers out their who will promise results and then not be able to deliver. I wish you the best of luck and believe me I would not want to be in your shoes but I think with a good attorney you can get it taken care of. 
