Class B misdemeanor

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Class B misdemeanor

Postby xducnx » Wed Nov 03, 2010 11:23 am

Hey there,

In 2007 I was arrested for evading arrest with a motor vehicle for street racing which is a Felony in Texas. I lawyered up and went through the court system and eventually got the charged deferred to a attempted Class B Misdemeanor evading arrest in 2008. I had 1 year probation and 60 hours of community service which I finished in 2009. Now my question is, from which date am I elligible to apply for a texas CHL, assuming that the Class B is what really counts on my record. Is it from the date that the charge was dropped to a Class B, or was it when I finished my 1 year probation? I am really hoping that it is in 2008 where the charge was dropped to a Class B so I can apply for a Utah CHL and legally carry in TX. I do not have any outstanding charges in Texas and it was a stupid mistake in my past that I wish to look forward to the future. Thanks in advance!
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Re: Class B misdemeanor

Postby Charles L. Cotton » Wed Nov 03, 2010 1:03 pm

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.
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Re: Class B misdemeanor

Postby xducnx » Wed Nov 03, 2010 1:18 pm

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!
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Re: Class B misdemeanor

Postby Charles L. Cotton » Wed Nov 03, 2010 2:33 pm

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.

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Re: Class B misdemeanor

Postby xducnx » Wed Nov 03, 2010 2:38 pm

Charles,

This is the the website of the District Attorney themselves.

Case (Cause) Summary
File Date 9/29/2007
Case (Cause) Status Complete
Offense EVADE ARREST
Last Instrument Filed Felony Indictment
Case Disposition
Case Completion Date 5/15/2009
Defendant Status DISPOSED
Bond Amount $2,000.00
Next/Last Setting Date 3/7/2008

Defendant Details
Race/Sex
Eyes
Skin
DOB

Height/Weight
Hair
Build
In Custody
Address

Court Details
Court 209th
Address 1201 Franklin (Floor: 17)
Houston, TX 77002
Phone:7137556378
JudgeName Michael T. McSpadden
Court Type Criminal

09/29/2007 COMPLAINT FILED 0619 209 EVADE ARREST W/MOTOR VE LEVEL FS
09/29/2007 BOND SET $2000 999
09/29/2007 REVIEWED BY JOHNSON, ANGELA JANE
09/29/2007 ORI SHERIFF'S DEPARTMENT OFFENSE NO: 0 242
09/29/2007 COMPLAINANT CRAIG, J.E.
09/29/2007 CMIF TIME 1420 AMOUNT $2000 999
09/29/2007 NOT ACKNOWLEDGED BY SHERIFF
10/01/2007 BOND FILED CRT 209 TIME 1329 TYPE SURETY
10/01/2007 BOND MADE AMT $2000 DATE 09/29/07 RCPT #
10/01/2007 BONDSMAN FINANCIAL CAS-GARCIA, SANDRA
10/12/2007 GRAND JURY ACTION FID 10/12/07 G263 999
10/12/2007 GRAND JURY ACTION ROTATION CRT 209 OFF FREQ BND
10/12/2007 GRAND JURY ACTION OFFENSE EVADE ARREST W/MOTOR VEH LEVEL FS
10/12/2007 ORI SHERIFF'S DEPARTMENT OFFENSE NO: 0 242
09/29/2007 C87 ACTIVITY PCWAR DONE STATUS CFI 209 999
09/29/2007 MOTIONS REQ APPT COUNSEL 999
09/29/2007 MOTIONS FILED 209
03/07/2008 ORDER DEFERRED ADJUDICATION OF GUILT 999
03/07/2008 PENALTY PROBATION 1 YEAR ENDING 03/06/09
03/07/2008 PENALTY A FINE OF $500 999
03/07/2008 OFFENSE EVADE ARREST LEVEL MB
05/15/2009 JUDGMENT DEFERRED ADJUDICATION TERMINATED 999
05/15/2009 JUDG OFFENSE EVADE ARREST LEVEL MB
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Re: Class B misdemeanor

Postby Charles L. Cotton » Wed Nov 03, 2010 3:03 pm

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.

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Re: Class B misdemeanor

Postby xducnx » Wed Nov 03, 2010 3:16 pm

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
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Re: Class B misdemeanor

Postby Charles L. Cotton » Wed Nov 03, 2010 6:14 pm

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.
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