TexasCHLforum.com

Just so everyone is in the loop. I have to leave out some details until after march 19th but I will fill everyone in.

I applied for a chl at 88 days dps notifed me they were denying it. I appealed went to JP court, the judge did not know the laws and statues I was using so he sided with the state and refered it to a higher level court. I had my ducks in a row. I was arrested and charged with burglary of a habbitation, (because I let my little brother and his friends use my truck while I was overseas) when I arrived back in the states I was arrested. 1.5 years later it made it to the district court. after spending almost 30k on lawyers fees and lost time at work, travel time,etc. My lawyer called and said the DA will drop everything if you pled no contest to the buglary of a habbitation (pay 10k in fines) and 100 hours community service they will agree to early terminate and not oppose expungement. He advised me it was the best course, he said the only thing that would ever show on my record is the arrest in the next county over where they picked me up. I have verified that with mutlipul background checks. I have, florida (weapon and carry) utah (carry), virgina (non resident carry), michigan (weapon and carry) and just recieved notice I got my NY carry permits. Texas denied it baased on the wording in the law saying (No-low- adjured) is guilty, even though I had a court order saying I was released from ALL penilitys and disablilties resulting from this arrest ( one and only). The states attorneys arguement was that he could not interperte the judges meaning of ALL...... he said if she wanted you to have your carry rights it would have been worded differently to say set aside, pardoned, invalidated, voided, dismissed, etc. So I have filed a petition to clarify my order of termination. Question I have for everyone is.

1. should I take time off work, go appeal this at the county level.
2. should I let the appeal go unfiled and just reapply if im successful in getting this clairifaction?
3. I have till the 23rd to file the appeal.

If you have spoken with Charles Cotton, you should follow his advice, whatever it is. Any advice you get from us peons here is only worth what you paid for it. Charles' opinion is gold.

That advice is the ONLY one to follow.

You will be permanently disqualified. I'm positive on this. You should have plead "not guilty", the fact that you plead no contest makes you permanently disqualified based on that specific charge. Basically, you are spinning your wheels and wasting your money.

So you were not in the country but still charged with a crime? Talk about an epic fail of the legal system. As others have said, follow the advice of mr. Cotton. He has a JD, I don't. Just like many on this forum.

infoman wrote:You will be permanently disqualified. I'm positive on this. You should have plead "not guilty", the fact that you plead no contest makes you permanently disqualified based on that specific charge. Basically, you are spinning your wheels and wasting your money.

If he can get disposition changed to an acceptable status, then why could he not get his CHL at that point?

You had an alibi I can't believe the DA would do this. Talk about a raw deal!

It was all about money and how much could they get off us, my brother was a minor at the time and had no money for them, they gave him 2 weeks juvi hall. I didnt get to talk to charles again yet, I need to call him. What I am asking of everyone is if i let this application die and lose the money on it. Wait until the order is amended to specificly include this statute. Could I re apply, I want to make sure if I dont keep appealing it, I lose my right to apply. thats what i was worried about and cant find any info on it from google. I dont have the time to take off to go to the court house to file a next level appeal, then take off for court in march for the clairification hearing, then take off again for the appeal with the state. What i was hoping to do was have this order, send it to the states attorney and never have to go the second appeal. But my time to file the appeal is running out before I could get this motion in front of a judge. It sucks to be beating a dead horse and throwing thousands of dollars at this just on priciple. I remember the DA saying " its like throwing spegetti against the wall, if you throw enough something will stick. we will keep fighting until you agree" it really sucked to hear the legal system is about money and not justice. Guess it shows with marth stewart, and kim kardashian walking around security at the airport. it really sucks that we are powerless. I will run for office in our home county once we open our new business in 2014. (if obama lets us)

I don't know anything about the appeal process, but what you are saying does not make sense about the criminal procedures. There are elements for burglary of a habitation. Loaning somebody a truck while you are overseas would not fall under that. It sounds like you had an arrest warrant for that charge and when you came back they arrested you. You then took your attorneys advice, pled no contest to burg of a habitation vs. fighting it and agreed to pay 10k in fines and do 100 hours of community service? All at your attorneys advice? What attorney in their right mine would take that deal for an innocent client that was overseas and loaned somebody a truck? I have never seen the term "No Lo adjured" on any rap sheet that I have looked at, but it could be something I haven't seen. Did you plead "No Lo Contendere in stead?"

Nolo contendere is a legal term that comes from the Latin for "I do not wish to contend." It is also referred to as a plea of no contest. In criminal trials in certain U.S. jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. A no-contest plea, while not technically a guilty plea, has the same immediate effect as a guilty plea, and is often offered as a part of a plea bargain.[1]

Your TX incident is most likely not listed on an FBI interstate criminal history, so that is why you are passing the backgrounds in those other states.

You can request your DPS rap sheet via the 'net. Then if there are discrepancies you can file a dispute via DPS and they do the leg work to correct it. Have you tried that route?

that was my typing short hand, texas statute 411.171 (4)c is what I was refering too. As soon as I was arrested, I called and notified CO and chain of command they told me to get a lawyer and dont say anything. Done called one of our family lawyers he charged and charged and charged some more, as I said over 30k in the end. He called and said the state wants a win and wont back down, they will keep pushing it to a jury trial and you will have to work around a bails bonds and see if the army will keep you in texas. take this deal, after 2 years we can seal the record and have it expunged (I might be wrong on the time frame but im sure thats what he said) So now ive paid him again to get a clairifying order issued under some statue. Ill see if he will tell me witch one in advance. He said the DA had no idea about that law and wanted a hearing to cover her own butt. Im just lost on what to do

what I am asking is if I drop the appeal and wait for the clairifaction order. Can i simply reapply go do finger prints and send a ceritified copy of the order with the packet and be good to go. I just want to make sure there is not something saying : once denied always denied, or if you are denied and dont appeal it you lose the right to reapply. Im trying to make the best decision with the least financial impact on me and wife. american express loves us way too much right now

Keith B wrote:

infoman wrote:You will be permanently disqualified. I'm positive on this. You should have plead "not guilty", the fact that you plead no contest makes you permanently disqualified based on that specific charge. Basically, you are spinning your wheels and wasting your money.

If he can get disposition changed to an acceptable status, then why could he not get his CHL at that point?

Sure. If he gets pardoned by Perry that changes things.

I think the point he was making is Burglary of a Habitation is specifally mentioned as not getting a pass after ten years. If the facts change then the answer may change. We can't know until we know the new facts.

infoman wrote:You will be permanently disqualified. I'm positive on this. You should have plead "not guilty", the fact that you plead no contest makes you permanently disqualified based on that specific charge. Basically, you are spinning your wheels and wasting your money.

You are often "positive" on your statements. Perhaps you should consider Tex. Gov't Code §411.171.

Chas.

411.171(4) wrote:Sec. 411.171. DEFINITIONS. In this subchapter:

. . .

(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:

• (A) expunged;
  
  (B) pardoned under the authority of a state or federal official; or
  
  (C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

Mr. Cotton!

could you answer my question? If I drop the second appeal and just wait till the clairification order is signed, just fill out a new packet mail it in and sit back and wait or would you keep the appeal going and send old steve M a fax or certiifed mail with a copy of the new order and see if he will clear the application?

Sorry you got such a raw deal on the original case. I hope you get it all straightened out. Would be nice if you could get a do over on the original case. I guess there's no chance of that, huh?

not without spending alot on lawyers fees, what really sucks is about 4 years ago the "witness" said they would do a sworn statement saying that the their orginal statement was based off of hearsay from their son and he admitted to lying about my brother and our involvement. (again lawyer said it would cost more then its worth to go back under a whit of habious corupus) i belive thats what he said.

just for the sake of keeping the thread alive, when they first picked me up. the sheriff called my dad and said we have both of your boys come get them. Of course my dad dropped what he was doing and flew to town. they arrested him and held him till just after my brothers arraignment and because he was a minor with no parent or garudian their they sent him to juvi hall. As soon as his hearing was over they charged my dad with aiding and abetting and organized crime. he used a PR bond and the stupid DA said the crime would not be possible if my dad did not let him out of the house and if I didnt loan them the truck. After our lawyer got ahold of it they dropped everything against my dad and exsponged the arrest off of his record. It was the biggest waste of the justice system Ive ever seen.

It did one good thing for sure, and that is to make sure I never get in any kind of arrestable trouble ever again. Becaue you lose your rights as soon as that steel door slams behind you and makes you feel helpless. I think all kids should sit in a holding cell for at least 8 hours as a requirement to graduate high school. that would solve 75% of future arrest IMO, for what its worth.