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by Keith B
Fri Feb 27, 2015 10:18 am
Forum: General Texas CHL Discussion
Topic: Class B charges dismissed
Replies: 40
Views: 9750

Re: Class B charges dismissed

RonW956 wrote:I'm not going to argue this with you, but I'm sorry, the OP got Deferred Adjudication. That is the correct teminology in Texas.... He go a 90 probation in exchange for a dismissed case... plain & simple... I dont understand what is so difficult to accept the truth?

http://www.avvo.com/legal-guides/ugc/wh ... judication" onclick="window.open(this.href);return false;
OK, while you may be correct, until the OP comes back and says what the disposition is you can't 100% say that they got a deferred adjudication. So at this point let's wait until he comes back with the answer to confirm it.

Keith B
Moderator
by Keith B
Thu Feb 26, 2015 10:22 am
Forum: General Texas CHL Discussion
Topic: Class B charges dismissed
Replies: 40
Views: 9750

Re: Class B charges dismissed

RonW956 wrote:No, you shouldn't have signed that form..

That was a deferred disposition agreement. In basic terms, you signed a agreement to stay out of trouble for 90 days on the condition that the state doesnt press full charges. That is not a dismissal... When a case is dismissed, you dont sign anything, the judge tells you its dismissed and you walk out the door, there is no "signing"..

If dismissal is the agreed-upon outcome for successful completion, a person still might find that the initial entry of a guilty plea carries serious consequences....

Your main priority right now should not be trying to get your CHL back, its too late for that now.... But you should concentrate now on getting that record expuncted, wait the 5 yr period required and then reapply for your CHL...
Welcome to the forum.

I would ask how you know for sure that what was signed was an order for deferred adjudication and that charges were not dismissed? Not all cases and courts have the same requirements in their paperwork process.

I would still suggest the OP get he disposition and once he sees for sure what the final is, then he can make a determination of how to proceed. Anything advice other than that received across the forum from people that are not directly involved should not be binding.
by Keith B
Wed Feb 25, 2015 9:08 am
Forum: General Texas CHL Discussion
Topic: Class B charges dismissed
Replies: 40
Views: 9750

Re: Class B charges dismissed

JP171 wrote: NO you will have to go to the county clerk and get a disposition, but the way you described your disposition you plead no contest and were given deferred adjudication and are ineligible to have a chl for life. sorry guitardood, but your done
You need to get the disposition. This later part of this post is only speculation, so until you get the disposition, don't pay any attention to the post above.
by Keith B
Mon Feb 23, 2015 11:41 am
Forum: General Texas CHL Discussion
Topic: Class B charges dismissed
Replies: 40
Views: 9750

Re: Class B charges dismissed

guitargod0687 wrote:I should be recieving a copy in the mail, right? I havent yet and you'd think they'd let me know. The agreement was signed on November 1st, so its pushing 120 days now. Just tried contacting my Lawyer and of course he's in court right now.
Not sure about receiving a copy in the mail. I would suggest contacting the Prosecuting Attorney's office or county court where the charges were submitted and see if they can provide you a certified copy of the disposition.
by Keith B
Mon Feb 23, 2015 11:27 am
Forum: General Texas CHL Discussion
Topic: Class B charges dismissed
Replies: 40
Views: 9750

Re: Class B charges dismissed

Welcome to the forum. :tiphat:

If charges were actually dismissed, then your CHL should be OK. However, if the agreement was actually a deferment and not a true dismissal, then that deferred adjudication is treated as a conviction and will disqualify you for a CHL.

It's possible that the CHL division of DPS is just behind on their review of the correspondence. I would suggest you contact your lawyer and get a copy of the disposition showing it was dismissed. If it shows dismissal and not deferred adjudication, then contact the CHL office and ask them about it. They will probably need a copy of the disposition showing the dismissal to reinstate your CHL. As for now, your CHL is not valid until they show the charges have been dropped or dismissed.

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