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Re: Yet ANOTHER eligibility question
Posted: Thu May 01, 2014 10:00 pm
by cprems
What is the Federal definition of 'conviction"?
Does it mean tried and convicted (no deferred adjudication)? I know under Texas law that DA's are considered convictions and treated as such. This was a ticket, a class C at that. Is the ticket reported since it was a class C?
This is an interesting discussion. OP, I hope everything works in your favor. It might be best to pay for a hour of time with competent Counsel who is well versed in firearms law.
Re: Yet ANOTHER eligibility question
Posted: Thu May 01, 2014 10:34 pm
by jbarn
cprems wrote:What is the Federal definition of 'conviction"?
Deferreds are not.
Does it mean tried and convicted (no deferred adjudication)? I know under Texas law that DA's are considered convictions and treated as such.
Only for certain and specific purposes they are.
Re: Yet ANOTHER eligibility question
Posted: Fri May 02, 2014 6:57 pm
by nightmare
Nolo Contendere is not an admission of guilt but I'd bet

it's still a conviction.
Re: Yet ANOTHER eligibility question
Posted: Fri May 02, 2014 7:12 pm
by WildBill
nightmare wrote:Nolo Contendere is not an admission of guilt but I'd bet

it's still a conviction.
IANAL so I don't understand all of the legalities of a nolo contendere plea.
My understanding is that a nolo contendere plea can not be used as an admission of guilt in a civil trial.
So in a civil trial the burden of proof is greater to award damages.
If you plead nolo contendere, it is a conviction.
IMO, a judge can not legally [or morally] sentence a person for a crime who pleads not guilty, unless that person was actually found guilty in a trial.
I think that the nolo contendere plea is a legal way around that dilemma.

Re: Yet ANOTHER eligibility question
Posted: Fri May 02, 2014 8:16 pm
by jbarn
WildBill wrote:nightmare wrote:Nolo Contendere is not an admission of guilt but I'd bet

it's still a conviction.
IANAL so I don't understand all of the legalities of a nolo contendere plea.
My understanding is that a nolo contendere plea can not be used as an admission of guilt in a civil trial.
So in a civil trial the burden of proof is greater to award damages.
If you plead nolo contendere, it is a conviction.
IMO, a judge can not legally [or morally] sentence a person for a crime who pleads not guilty, unless that person was actually found guilty in a trial.
I think that the nolo contendere plea is a legal way around that dilemma.

The burden of proof in civil is simply a preponderance of the evidence. Less than criminal.
If I misread you, sorry.
Re: Yet ANOTHER eligibility question
Posted: Fri May 02, 2014 8:22 pm
by WildBill
jbarn wrote:WildBill wrote:nightmare wrote:Nolo Contendere is not an admission of guilt but I'd bet

it's still a conviction.
IANAL so I don't understand all of the legalities of a nolo contendere plea.
My understanding is that a nolo contendere plea can not be used as an admission of guilt in a civil trial.
So in a civil trial the burden of proof is greater to award damages.
If you plead nolo contendere, it is a conviction.
IMO, a judge can not legally [or morally] sentence a person for a crime who pleads not guilty, unless that person was actually found guilty in a trial.
I think that the nolo contendere plea is a legal way around that dilemma.

The burden of proof in civil is simply a preponderance of the evidence. Less than criminal.
If I misread you, sorry.
You misread me.
A summary of my thoughts:
In a civil case, it is usually easier for a plaintiff to obtain a judgment against a defendant who plead guilty to a crime than one who plead
nolo contendere.
Re: Yet ANOTHER eligibility question
Posted: Sun May 04, 2014 8:15 am
by jbarn
WildBill wrote:jbarn wrote:WildBill wrote:nightmare wrote:Nolo Contendere is not an admission of guilt but I'd bet

it's still a conviction.
IANAL so I don't understand all of the legalities of a nolo contendere plea.
My understanding is that a nolo contendere plea can not be used as an admission of guilt in a civil trial.
So in a civil trial the burden of proof is greater to award damages.
If you plead nolo contendere, it is a conviction.
IMO, a judge can not legally [or morally] sentence a person for a crime who pleads not guilty, unless that person was actually found guilty in a trial.
I think that the nolo contendere plea is a legal way around that dilemma.

The burden of proof in civil is simply a preponderance of the evidence. Less than criminal.
If I misread you, sorry.
You misread me.
A summary of my thoughts:
In a civil case, it is usually easier for a plaintiff to obtain a judgment against a defendant who plead guilty to a crime than one who plead
nolo contendere.
