Class B charges dismissed

[guitargod0687]

Hello everyone,
I apologize in advance if i chose the wrong forum to post in.
I had an unfortunate event occur in 2014 which resulted in a Class B Misdemeanor Family Violence charge. I was never arrested nor was I ever issued a court bond at anytime during this process. The State however still issued charges against me. I plead not guilty in my first initial court appearance. Last November I signed a Dismissal of Charges agreement with the DA and the only requirements were that I "follow all state laws" for 90 days without any incidents. My Attorney assured me that the agreement was not an admission of guilt in any way, shape or form. Well, That 90 days has come and gone without any incidents. My CHL was suspended in September 2014 and in December 2014 I recieved a letter from the state asking me to return my license. Should I? Will my license be reinstated or am I forever labeled a "wife-beater" in the eyes of the state?

[Keith B]

Welcome to the forum.

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.

[guitargod0687]

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.

[Keith B]

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.

[guitargod0687]

Ok, Ill get on top of that. Thank you Keith! Your help is much appreciated.

[JP171]

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.

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

[casp625]

Your case sounds very similar to mine, however I never signed an agreement with anyone. I plead not guilty and refused to take any deal since I didn't do anything. In the end, the DA agreed to dismiss the charge if I took some kind of counseling class. Since I already took a class beforehand, I just submitted the paperwork and that was the last I heard of it. I picked up my disposition from the County Clerk's office and it reads "Disposition: DISMISSED."

So, I don't know the particulars of your case but if you don't have a Disposition: Dismissed, then you are good to go.

[Keith B]

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.

[RonW956]

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...that is a deferred adjudication..... When a case is dismissed, you dont sign anything, the judge tells you its dismissed and you walk out the door free & clear., there is no "signing"..

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...

[Keith B]

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.

[RonW956]

Hi guys, thank you & yes, I'm glad I found this forum.

Although I'm not a lawyer, but the fact that they had him sign a form tells me that it was more than a simple dismissal... there was a "condition" in there... on the condition of staying trouble free for 90 days. when there is a form that the court has you sign with a condition in it, that my friend is called a deferred adjudication. They may have called it a "deferred disposition agreement" however its basically the same thing.

If it was a dismissal... he would have walked out the court and not sign a thing. Like I said, the OP's main priority right now should not be a CHL, it should be focused on getting that arrest record & court disposition expuncted.

From the DPS website " If I received deferred adjudication for an offense, am I eligible for a Concealed Handgun License (CHL)?
The Concealed Handgun law states that deferred adjudication will be considered the same as a conviction. Depending on the type of offense and the date of deferral, you may not be eligible for a CHL"

I will add, that the OP will be able to reapply for his CHL after 5 yrs of being convicted of a class B misdemeanor in Texas, but that really depends on the type of charge. for Domestic violence? nope... you wont be able to get one. That is why he must right NOW get that record expuncted... I do believe that he qualifies for that.

[Jumping Frog]

Hi guys, thank you & yes, I'm glad I found this forum.

Although I'm not a lawyer, but the fact that they had him sign a form tells me that it was more than a simple dismissal... there was a "condition" in there... on the condition of staying trouble free for 90 days. when there is a form that the court has you sign with a condition in it, that my friend is called a deferred adjudication. They may have called it a "deferred disposition agreement" however its basically the same thing.

If it was a dismissal... he would have walked out the court and not sign a thing. Like I said, the OP's main priority right now should not be a CHL, it should be focused on getting that arrest record & court disposition expuncted.

From the DPS website " If I received deferred adjudication for an offense, am I eligible for a Concealed Handgun License (CHL)?
The Concealed Handgun law states that deferred adjudication will be considered the same as a conviction. Depending on the type of offense and the date of deferral, you may not be eligible for a CHL"

I will add, that the OP will be able to reapply for his CHL after 5 yrs of being convicted of a class B misdemeanor in Texas, but that really depends on the type of charge. for Domestic violence? nope... you wont be able to get one. That is why he must right NOW get that record expuncted... I do believe that he qualifies for that.

You are not necessarily correct, so Keith advice to look at the actual paperwork is wise.

For just one example, people sign agreements with the prosecutor in Harris County all the time for pre-trial diversion. If the person completes the terms of the deal (typically community control aka probation and community service), then the prosecutor withdraws the charges. There is a record of arrest (which can be expunged) and the charges are dropped. That is NOT the same as deferred adjudication and has no impact on CHL eligibility.

[RonW956]

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;

[Keith B]

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

[mojo84]

Hi guys, thank you & yes, I'm glad I found this forum.

Although I'm not a lawyer, but the fact that they had him sign a form tells me that it was more than a simple dismissal... there was a "condition" in there... on the condition of staying trouble free for 90 days. when there is a form that the court has you sign with a condition in it, that my friend is called a deferred adjudication. They may have called it a "deferred disposition agreement" however its basically the same thing.

If it was a dismissal... he would have walked out the court and not sign a thing. Like I said, the OP's main priority right now should not be a CHL, it should be focused on getting that arrest record & court disposition expuncted.

From the DPS website " If I received deferred adjudication for an offense, am I eligible for a Concealed Handgun License (CHL)?
The Concealed Handgun law states that deferred adjudication will be considered the same as a conviction. Depending on the type of offense and the date of deferral, you may not be eligible for a CHL"

I will add, that the OP will be able to reapply for his CHL after 5 yrs of being convicted of a class B misdemeanor in Texas, but that really depends on the type of charge. for Domestic violence? nope... you wont be able to get one. That is why he must right NOW get that record expuncted... I do believe that he qualifies for that.

Welcome to the forum.

Is "expuncted" a proper legal term?

I too believe you MAY be correct. However, I think it would be foolish of the OP to accept someone's word posted on an internet forum especially when that someone doesn't have all the facts and know for sure what the OP signed.

I think following Keith's advice in this situation is the prudent way to go.