Search found 4 matches

by Charles L. Cotton
Wed Nov 03, 2010 6:14 pm
Forum: General Texas CHL Discussion
Topic: Class B misdemeanor
Replies: 7
Views: 4377

Re: Class B misdemeanor

xducnx wrote:Charles,

If I can obtain the order signed by the judge by my attorney, is there anyway you can review this paperwork for me so I can have a definitive answer? I can call my lawyer offices tomorrow morning and grab this paperwork as they are in downtown Houston. I am new to the forum so I am unsure if you are a lawyer for these particular cases but I do appreciate any help I can get to receive a definitive answer.

Thanks
Let's continue this is a PM.

Chas.
by Charles L. Cotton
Wed Nov 03, 2010 3:03 pm
Forum: General Texas CHL Discussion
Topic: Class B misdemeanor
Replies: 7
Views: 4377

Re: Class B misdemeanor

If the data entered into the computer is correct (no guarantee) it appears to be a deferred adjudication, not a conviction. You must see the order signed by the judge to know for sure.

If it's a deferred adjudication that was successfully completed, this it is a "conviction" for Texas CHL eligibility purposes, unless there was an order signed with certain language. Again, you need the order. I don't know of another jurisdiction that considers a successfully completed deferred adjudication to be a "conviction" for license eligibility. There may be some, but I don't know of any.

The answer to your problem lies in the wording of the last order entered by the judge, not the one putting you on probation.

Chas.
by Charles L. Cotton
Wed Nov 03, 2010 2:33 pm
Forum: General Texas CHL Discussion
Topic: Class B misdemeanor
Replies: 7
Views: 4377

Re: Class B misdemeanor

xducnx wrote:Charles,

I have Private Messaged you with the information that I have. Can you provide me with the exact date when I can base my 5 year/3 year exclusionary period from obtaining a CHL?

Thanks!
I just checked and I don't have a PM from you. Also, I don't have a way to check the date on the order so you'll have to get a copy from your attorney or from the District Clerk.

Chas.
by Charles L. Cotton
Wed Nov 03, 2010 1:03 pm
Forum: General Texas CHL Discussion
Topic: Class B misdemeanor
Replies: 7
Views: 4377

Re: Class B misdemeanor

The exclusionary period begins on the date the judge signed the order, not when you finished probation. Was this a deferred adjudication? If so, you need to look at the order and see if it (or a later order) sets the case aside after successful completion of your probationary period.

Chas.

Return to “Class B misdemeanor”