Page 1 of 1

resisting arrest

Posted: Sat Jan 19, 2008 9:21 am
by timm
CHL Texas question.


Back in December 1997 I was charged with resisting arrest with about 15 other people. I went to a lawyer that suggested I do the deferred adjudication which I did and it was to be taken of my record. Now that I’m putting in my application I see that deferred adjudication is conceder convection unless its been 10 years before I put in application. . My recorded was not cleared from the courts till November 1 1999. Will they use the date I was arrested or the date my proceedings were dismissed? I was just wondering if anyone understands the law of class A misdemeanor and how it will impact my CHL application. I dont. understand the law less then 5 years for class a or b misdemeanor. Then another part says deferred adjudication it has to be no less then 10 years. Can one help me on this.

Thanks
Tim

Re: resisting arrest

Posted: Sat Jan 19, 2008 9:40 am
by seamusTX
The relevant law in your case is
GC §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
Put the date of arrest on your application, include documentation of the disposition of the case, and you're good to go.

The ten-year limit applies to multiple drug or alcohol-related offenses.

- Jim

Re: resisting arrest

Posted: Sat Jan 19, 2008 9:48 am
by timm
Thank you very much.

Re: resisting arrest

Posted: Sat Jan 19, 2008 11:11 am
by seamusTX
You're welcome.

It never occured to me that you could charged with resisting arrest and not be charged with the offense for which you were arrested. It smacks of Catch-22.

- Jim

Re: resisting arrest

Posted: Sat Jan 19, 2008 8:54 pm
by phddan
Hey timm,
Welcome to the board. I'm 4barbwire on the other board.
Told you there are some right smart people over here. :lol:

Dan

Re: resisting arrest

Posted: Sat Jan 19, 2008 9:00 pm
by seamusTX
phddan wrote:Told you there are some right smart people over here. :lol: Dan
Where? :confused5

- Jim

Re: resisting arrest

Posted: Sat Jan 19, 2008 9:28 pm
by phddan
seamusTX wrote:
phddan wrote:Told you there are some right smart people over here. :lol: Dan
Where? :confused5

- Jim

And humble too. :lol:

Dan

Re: resisting arrest

Posted: Sat Jan 19, 2008 10:01 pm
by Crossfire
The "10 years after a deferred adjudication" refers to non-violent felonies.

Your Class A misdemeanor will make you ineligible for 5 years from the date of the conviction, regardless of probation or deferred adjudication. So, if your date of conviction was more than 5 years ago, you are good to go.

And, as Seamus said, be sure to get certified copies of the disposition of your case. Good luck to you!

Re: resisting arrest

Posted: Sat Jan 19, 2008 10:58 pm
by timm
Thanks everyone!

Tim