Class B Misdemeanor questions

[srothstein]

You need to check the actual charge and court showing on the conviction record. Many people are told one thing but the record shows another. For example, it is a common belief in Texas that speeding more than 20 over the limit constitutes reckless driving, but this is not written into the law. Another common mistake is take what the prosecuting attorney says. If it was a municipal or justice of the peace court, it could not be a class B conviction because they have no legal authority to hear those cases.

You might actually have been convicted of reckless driving, but your real record may be for some other charge.

[jmoney]

I don't know about that whole date of conviction thing, I was past 5 years of my little incident, but they held my application until it had been 5 years after my deferred adjudication ended

[MasterOfNone]

I don't know about that whole date of conviction thing, I was past 5 years of my little incident, but they held my application until it had been 5 years after my deferred adjudication ended

Lawyers, please clarify. Is this because there is not actually a conviction until the end of the deferment period?

[jmoney]

I am not an attorney, but my guess would be that since my conviction was "deferred" granted that I didn't get in any trouble for a year so the date that would have counted as the date of conviction or dismissal was at the end of my probation period. Meaning that the date I was granted deferred adjudication was just that, an agreement that I would stay out of trouble for a year, and if I did so successfully the judge would then actually look at my case and make a ruling of conviction or lesser charges etc etc.

[WildBill]

I am not an attorney, but my guess would be that since my conviction was "deferred" granted that I didn't get in any trouble for a year so the date that would have counted as the date of conviction or dismissal was at the end of my probation period. Meaning that the date I was granted deferred adjudication was just that, an agreement that I would stay out of trouble for a year, and if I did so successfully the judge would then actually look at my case and make a ruling of conviction or lesser charges etc etc.

IANAL, but I believe that you are correct.

[jmoney]

I start law school in the fall, maybe after a year so I will know that answer for sure lol

[WildBill]

I start law school in the fall, maybe after a year so I will know that answer for sure lol

I don't think that they will cover this in law school.

[ScottDLS]

I start law school in the fall, maybe after a year so I will know that answer for sure lol

I don't think that they will cover this in law school.

Wouldn't it come in "Criminal Procedure"? I mean if the lawyers can't understand the Penal Code, who can?

[mikeloc]

Any Texas CHL instructor will be able to tell you the time starts from your court date. The day you see the judge. So your last class "A" or "B" court date must be over five years ago. Or just call DPS legal they'll be glad to tell you the same thing.

[jmoney]

Any Texas CHL instructor will be able to tell you the time starts from your court date. The day you see the judge. So your last class "A" or "B" court date must be over five years ago. Or just call DPS legal they'll be glad to tell you the same thing.

...the issue is which court date, because in my instance it would have been the final one...where my final disposition came from, which is what they ask for when you need to provide documentation.

[WildBill]

I start law school in the fall, maybe after a year so I will know that answer for sure lol

I don't think that they will cover this in law school.

Wouldn't it come in "Criminal Procedure"? I mean if the lawyers can't understand the Penal Code, who can?

Law students will study the theory of criminal law, criminal procedure, rules of evidence, etc, but they don't study the specific details of each section of the penal code. That is why lawyers usually specialize after they graduate and pass the bar. That's why if you get charged with a crime you need a lawyer who specializes in criminal. law. Even within that field there are sub-specialties. For example, some lawyers concentrate on traffic case or DUIs or drug possesion, etc.

It is funny that the disclaimer IANAL is used so much. Just because a poster is a lawyer doesn't mean that can answer questions about any kind of law. They will probably know the legal principles, but not the details. Also, just because someone is a lawyer doesn't mean that what they are posting is legal advice.

[Keith B]

And, deferred adjudication is totally different and handled differently from state to state and how it affects your status of not only CHL, but other things. And, it is not limited to just deferred adjudication, but many other facets of the law as it pertains to your locale. That is why they have a State Bar Exam so you know that states laws and penalties.

[WildBill]

And, deferred adjudication is totally different and handled differently from state to state and how it affects your status of not only CHL, but other things. And, it is not limited to just deferred adjudication, but many other facets of the law as it pertains to your locale. That is why they have a State Bar Exam so you know that states laws and penalties.

Even within a state, counties can have different procedures for their particular courts.

[ScottDLS]

I start law school in the fall, maybe after a year so I will know that answer for sure lol

I don't think that they will cover this in law school.

Wouldn't it come in "Criminal Procedure"? I mean if the lawyers can't understand the Penal Code, who can?

Law students will study the theory of criminal law, criminal procedure, rules of evidence, etc, but they don't study the specific details of each section of the penal code. That is why lawyers usually specialize after they graduate and pass the bar. That's why if you get charged with a crime you need a lawyer who specializes in criminal. law. Even within that field there are sub-specialties. For example, some lawyers concentrate on traffic case or DUIs or drug possesion, etc.

It is funny that the disclaimer IANAL is used so much. Just because a poster is a lawyer doesn't mean that can answer questions about any kind of law. They will probably know the legal principles, but not the details. Also, just because someone is a lawyer doesn't mean that what they are posting is legal advice.

Presumably studying law and criminal procedure would enable one to gain a much better understanding of the Texas Penal Code and its application in a deferred adjudication than the average TexasCHLForum poster. There's no Texas Board of Legal Specialization (that I know of) category for CHL law, though I'd assume that someone attending law school would get more detail than the average Joe (or ScottDLS).

I also don't care for the "I am not a lawyer" disclaimer on posts. My assumption is unless you say you are, then you are not. Even if you are, you're not MY lawyer unless I've retained you, so I don't construe postings on TexasCHLForum as personal legal advice.

While the unlicensed practice of law is a crime, it's hard to construe offering an opinion on a public forum as "practicing law", otherwise we'd all be felons.

[WildBill]

Presumably studying law and criminal procedure would enable one to gain a much better understanding of the Texas Penal Code and its application in a deferred adjudication than the average TexasCHLForum poster. There's no Texas Board of Legal Specialization (that I know of) category for CHL law, though I'd assume that someone attending law school would get more detail than the average Joe (or ScottDLS).

I also don't care for the "I am not a lawyer" disclaimer on posts. My assumption is unless you say you are, then you are not. Even if you are, you're not MY lawyer unless I've retained you, so I don't construe postings on TexasCHLForum as personal legal advice.

While the unlicensed practice of law is a crime, it's hard to construe offering an opinion on a public forum as "practicing law", otherwise we'd all be felons.

The reason that there is no Legal Specialization for CHL law is that we are all such law-abiding citizens that a lawyer would go broke if CHLers were their only clients.

About the IANAL disclaimer, I have not heard of any case of an internet poster being charged with practicing law without a license. But again, IANAL.

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