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Keith B wrote: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.

Agreed. He can't say 100% it is DA but neither can you say 100% it isn't. The disposition document is the only way to know.

However, until the OP knows for sure, I think he should be very careful about carrying a firearm.

Captain Matt wrote:

Keith B wrote: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.

Agreed. He can't say 100% it is DA but neither can you say 100% it isn't. The disposition document is the only way to know.

However, until the OP knows for sure, I think he should be very careful about carrying a firearm.

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;

This ought to blow your mind then....
Ever heard of a conditional dismissal

http://www.avvo.com/legal-answers/crimi ... 16880.html

I believe it may also be referred to as deferred prosecution.

I know for a fact (the facts in this particular case notwithstanding) that some police departments will ask a person who has been (usually) arrested and/or charged with some offense to sign a letter dismissing the charges and including an agreement that the arrested party will not sue the department that arrested him (usually in good faith, but not always so.

A department I worked for a while as a dispatcher did this, and I usually wound up being a witness to the signing if it was after hours/weekend and the notary wasn't available.

But, as has said before, the only way the OP is going to be sure is to get a disposition from the county, or perhaps the lawyer will have kept a copy of the letter.

To the OP: good luck!

So what is the outcome of the OPer? Did he get his CHL back?

Captain Matt wrote:

Keith B wrote: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.

Agreed. He can't say 100% it is DA but neither can you say 100% it isn't. The disposition document is the only way to know.

However, until the OP knows for sure, I think he should be very careful about carrying a firearm.

A Misdemeanor DV deferred adjudication is not a federal bar to firearm ownership. After 5 years it's not a bar to LTC either.

Keith B wrote:

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.

The DA's office and the court are not in the business of providing copies of legal documents.
IANAL, but don't believe that the disposition is final until it is filed and recorded by the county clerk.
When the document is recorded the county clerk will send a copy to the OP's lawyer.
It is the same document that the OP would get from the county office.
The OP may need some advice from his attorney interpreting the disposition.

mojo84 wrote:

Captain Matt wrote:

Keith B wrote: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.

Agreed. He can't say 100% it is DA but neither can you say 100% it isn't. The disposition document is the only way to know.

However, until the OP knows for sure, I think he should be very careful about carrying a firearm.

I believe everyone should be very careful when carrying a firearm.

ScottDLS wrote:

Captain Matt wrote:

Keith B wrote: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.

Agreed. He can't say 100% it is DA but neither can you say 100% it isn't. The disposition document is the only way to know.

However, until the OP knows for sure, I think he should be very careful about carrying a firearm.

A Misdemeanor DV deferred adjudication is not a federal bar to firearm ownership. After 5 years it's not a bar to LTC either.

I believe this is correct.

OP, your situation sounds similar to mine.
Back in 2003 I was going through an ugly divorce and my vindictive ex-wife filed false DV charges against me.
Without going into details - I took Deferred Adjudication for a misdemeanor A DV charge on poor advice from my lawyer (you get what you pay for).
Never been in any kind of trouble before or since.

Fast forward to 2015 - I decided to apply for my CHL not knowing if I would be able to get it or not.
Submitted my paperwork and 4 weeks later I had my plastic.

If you did take deferred adjudication, you will have to wait the required amount of time before applying for your CHL/LTC.

Someone resurrected a dead thread where the op never gave a terminal update.

amtank wrote:Someone resurrected a dead thread where the op never gave a terminal update.

Sometimes this happens.

Well aware I just wanted to point it out.

Sorry for never updating this thread. Completely slipped my mind. I did get my license back. I faxed my copy of the Court Dismissal,signed by the county clerk and judge, to the CHL office in Austin. About a month later I received a letter saying there was no longer any legal grounds for a suspension.

guitargod0687 wrote:Sorry for never updating this thread. Completely slipped my mind. I did get my license back. I faxed my copy of the Court Dismissal,signed by the county clerk and judge, to the CHL office in Austin. About a month later I received a letter saying there was no longer any legal grounds for a suspension.

That's good news for you. Thanks for the update.