TexasCHLforum.com

llwatson wrote:

Russell wrote:Deferred Adjudication on a class B misdemeanor affects your CHL status? I thought it wouldn't unless you were actually found guilty.

Deferred Adjudication is treated as a conviction.

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?

That's a question for your attorney. We don't know the particulars of your case. I would say, it seems worthwhile to pay him the money and hope for the best outcome. Good luck to you!

I agree with the other posters. Unless you are able to get it dropped to a Class C, or go and fight it and win you won't be keeping your CHL.

As far as the police department application I can tell you that all the ones I ever applied for or worked at would not even look at you if you were currently tied up in court for something. I'm not saying this one will be the same but it's a good chance.

Now with the lawyer thing. I have a fair amount of dealing with lawyers and retainers. I had a friend get busted for something that turned out to be totally bogus. Even though it turned out to be nothing it had the potential to be bad and he knew it. He asked me if I knew a good lawyer (I did) and asked me to come with him since I was his only friend versed in "the law" which I also did. Without getting into too many details the retainer wound up costing him $25k. Yes $25,000.00 . 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.

If it was agricultural land and meets the criteria of a Class C tresspass speak up!

If you are around the North Harris County/Montgomery County area let me know and I can point you in the direction of a few good lawyers.

I'm an attorney, but I'm not your attorney, nor do I know all of the facts of this case. Now that the lawyer talk is out of the way, I just re-read your post describing the event not long after it happened. Unless there is a lot more to this event that I don't know, it sure seems like a Class C offense.

Also, be aware that any plea bargain that involves a Disorderly Conduct Class C conviction will also disqualify you for a CHL for five years. Many people are not aware of the effect this Class C conviction can/will have on a CHL.

Chas.

I did not realize you had an application in with a PD right now. In that case, you really need to fight this or get it reduced to a class C. TCLEOSE also treats deferred adjudication as a conviction, and a class B will bar you from a peace officer license for 10 years. To me, that is more important than the CHL since it concerns your potential livelihood. And yes, I am biased that way.

It was Agri land and I was no further in than 100 feet, we were right off the road in a ravine/wash. I will try to get it down to c trespass using the CHL as a defense to prosecution. Sounds good to me. :) I am going to schedule a meeting with the lawyer and discuss in detail as well as face to face. Thanks for all your help. I am more worried about the application for the PD and will mention it to the lawyer as well. Maybe it could help for the PA to know. I have a back up lawyer in the same town just down the street just in case I need a 2nd opinion.

JJ

(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.

The part that you didn't highlight is part of an and statement and therefore since you were not forbidden from entering based on the fact that you had a handgun, the fact that you have a CHL is irrelavent, as I think has been pointed out before in this thread or the other one.

Trust an attorney? Geez talk about asking a lot of a guy!! LOL