Am I elligible?

[London]

A year and a half ago I was deferred for an interference charge (cop falsely arrested me for concealed carry in my vehicle, then lied and changed his story when his partner told him to let me go). It is a class B misdemeanor. I successfully completed the terms of my deferment.

Am I still able to get a CHL? One section of the CHL manual says (contrary to state law) that an adjudication IS a conviction. If I'm reading the manual correctly, anyone convicted of a class B cannot apply until five years after the conviction.

Also, I'm a student. If I do end up getting a CHL am I able to carry on campus? I remember Jeff Wentworth got a bill passed which allows concealed carry on campus, but I never heard anything of it after.

 

[4x4kayak2112]

as far as campus carry...not yet if you dont want to end up dead or in jail....but you can carry on the property just not inside bulidings

no bill passed as of yet

 

[Bithabus]

You will be eligible 5 years from the date of your probation. For some purposes in Texas deferred adjudication is treated the same as conviction.

If you can have your record sealed or expunged, you will be eligible immediately.

Campus carry is still illegal for CHL holders.

 

[MR Redneck]

I got arrested a few months for having a gun in my pocket while inside my truck. A few days later all the charges were droped because it aint against the law. CC in a vehicle is defined by it not being visible from outside of the vehicle. doesnt say anything about where you can put it.
It isnt your fault the cop didnt know the law. If you hand gun wasnt visible from outside the vehicle and you werent doing something criminal, then you need to have this mess cleared up. Dont allow the ignorance of another person to leave a mark like that on your record.
These are issues honest people should not be burdened with.

 

[txinvestigator]

A year and a half ago I was deferred for an interference charge (cop falsely arrested me for concealed carry in my vehicle, then lied and changed his story when his partner told him to let me go). It is a class B misdemeanor. I successfully completed the terms of my deferment.

When did this happen? The actual alleged offense, not when you were deferred. WHat is "interference"? What was the actual charge?

Am I still able to get a CHL? One section of the CHL manual says (contrary to state law) that an adjudication IS a conviction.

No, it ios NOT contrary to state law, it IS state law.

If I'm reading the manual correctly, anyone convicted of a class B cannot apply until five years after the conviction.

That is correct. It appears you are not eligible for 5 years from the date you were placed on probation.

Also, I'm a student. If I do end up getting a CHL am I able to carry on campus? I remember Jeff Wentworth got a bill passed which allows concealed carry on campus, but I never heard anything of it after.

CHLers have always been able to carry on campus. The bill that was introduced was for carry in the buildings, which is currently not lawful. The bill did not pass.

 

[txinvestigator]

I got arrested a few months for having a gun in my pocket while inside my truck. A few days later all the charges were droped because it aint against the law. CC in a vehicle is defined by it not being visible from outside of the vehicle. doesnt say anything about where you can put it.
It isnt your fault the cop didnt know the law. If you hand gun wasnt visible from outside the vehicle and you werent doing something criminal, then you need to have this mess cleared up. Dont allow the ignorance of another person to leave a mark like that on your record.
These are issues honest people should not be burdened with.

It may be too late, as it appears he pled out. To be able to say much, we need to know when the alleged offense occured.

 

[London]

According to this website (What is Deferred Adjudication in Texas? - Avvo.com) a deferment is not a conviction. The offense happened a year and a half ago, I was ultimately charged with Intereference with the duties of a public servant. As far as getting a misdemeanor expunged goes, I have better luck of winning the lottery. The system is rigged, folks, and it's not changing. I'll just carry the way our founding fathers intended.

 

[txinvestigator]

According to this website (What is Deferred Adjudication in Texas? - Avvo.com) a deferment is not a conviction.

Unfortunately, the lawyer was being general in nature. Under the Texas Government Code, a deferred is a conviction. See below

The offense happened a year and a half ago,

So in 2008? In Sept, 07, the legislature made car carry lawful for most citizens. I take it the officer found a concealed handgun in your car?

I was ultimately charged with Intereference with the duties of a public servant.

What happened? What did he alledge you did? Why did you take a plea if you think the officer lied?

As far as getting a misdemeanor expunged goes, I have better luck of winning the lottery.

Yeah, you do not qualify for an expunction in Texas, based on what I have read here.

Be careful carrying unlawfully, you could ruin a whole lot by doing that.

Texas Government Code
SUBCHAPTER H. LICENSE TO CARRY A CONCEALED HANDGUN



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.

The Code of Criminal Procedure also allows a deferred to be coinsidered in the penalty phase of a subsequent conviction for any other crime.

 

[Bithabus]

Deferred adjudication is not technically a conviction but in some instances it is treated the same as a conviction.

I think deferment is a trick to get people to plead guilty.

 

[Bithabus]

You might be eligible for a Utah permit. A misd. conviction is a dq but I don't know how they treat deferrals.

 

[MR Redneck]

Deferred adjudication is not technically a conviction but in some instances it is treated the same as a conviction.

I think deferment is a trick to get people to plead guilty.

I think the same thing. I was offered it a long time ago, but I asked Why would I accept this if im not guilty?
Its nothing more than a trick .

 

[txinvestigator]

You might be eligible for a Utah permit. A misd. conviction is a dq but I don't know how they treat deferrals.

I just sent the question to a Utah instructor..................

 

[txinvestigator]

I think the same thing. I was offered it a long time ago, but I asked Why would I accept this if im not guilty?
Its nothing more than a trick .

You know, I have to agree to the extent that they (prosecutors and defense attorneys) do not fully explain how a deferred can effect one's future. For many hiring purposes a deferred is a conviction also. Lots to consider....

 

[MR Redneck]

It may be too late, as it appears he pled out. To be able to say much, we need to know when the alleged offense occured.

Now you understand a little more of why I do things the way I do them?
If this guy had a gun in his pocket, under his hat, or anywhere not visible from outside the vehicle, then he's not guilty of anything..
The same mess happened to me in March because the two "green" cops fresh out of the acadamy didnt know the law. I didnt take it lightly and was very aggressive with this issue.
This seems like some kid that didnt know what to do and thought he was getting a good deal with the defferment. Defferment isnt offered to people that the DA can convict!
Never settle for Deffered Adjudication if you have done nothing wrong.

 

[txinvestigator]

Now you understand a little more of why I do things the way I do them?
If this guy had a gun in his pocket, under his hat, or anywhere not visible from outside the vehicle, then he's not guilty of anything..
The same mess happened to me in March because the two "green" cops fresh out of the acadamy didnt know the law. I didnt take it lightly and was very aggressive with this issue.

Aggressive where? On the street with the cops? Or in your dealings with the CJ system later?

Never settle for Deffered Adjudication if you have done nothing wrong.

Yep.

 

[MR Redneck]

Aggressive where? On the street with the cops? Or in your dealings with the CJ system later?
Yep.

In this case, both..
If you were there, I'll bet you wouldnt blame me at all either. exspecially when one of the cops was trying to unload a pined revolver and had it pointing at me. I called him a few names in reguard to his intelligence that wouldnt be polite to repeat on a public website.
Im usually pretty nice to cops, unless they do something that I know isnt right. Most of the time I try to just shut up and deal with them on a different level if they choose to conduct themself in a negative manner. With me, that hardly ever happens because most of them around here get along pretty well with me now days. We use to have some real winners a few year ago, but I think they are getting weeded out pretty fast. Our sheriffs department has a lot of really good guy on it who do a excellent job from what I can tell.

 

[txinvestigator]

In this case, both..
If you were there, I'll bet you wouldnt blame me at all either. exspecially when one of the cops was trying to unload a pined revolver and had it pointing at me. I called him a few names in reguard to his intelligence that wouldnt be polite to repeat on a public website.

Yeah? How did that work out for you? What is sad is that you still don't get it. You are more interested in asserting your rights and showing off than in a successful outcome.

. With me, that hardly ever happens because most of them around here get along pretty well with me now days.

your wording is so telling. They "get along with you"? ROFLMFAO.

 

[MR Redneck]

Yeah? How did that work out for you? What is sad is that you still don't get it. You are more interested in asserting your rights and showing off than in a successful outcome.

your wording is so telling. They "get along with you"? ROFLMFAO.

Well, first off, like I said the charges were droped. I got a coulpe of calls. One of them was an attempt to settle my loss.
Second, if you seem to think cops dont have to get along with anyone,then you just might need to stay where your at. We have a pretty damn good Sheriffs department out here because that kind of attitude doesnt fly around here. I think a lot of my sheriffs department and your sly remarks are uncalled for. Im starting to get the idea that you think cops can act any way they want to. A level of respect form both sides is always the best choice. Even my cop friends agree with me. One of them is even on this board and he seems to think that your attitude toward the public may just as well be the reason your not a cop!
No matter what conversation you engauge me in, you constantly insist supporting bad law enforcement. If it makes me a bad man because I despise wrongful arrest and poor police work, then so be it.
As to this thread topic, I really hope this kid takes up legal help with his issue because he was screwed around!

 

[MR Redneck]

A year and a half ago I was deferred for an interference charge (cop falsely arrested me for concealed carry in my vehicle, then lied and changed his story when his partner told him to let me go). It is a class B misdemeanor. I successfully completed the terms of my deferment.

Am I still able to get a CHL? One section of the CHL manual says (contrary to state law) that an adjudication IS a conviction. If I'm reading the manual correctly, anyone convicted of a class B cannot apply until five years after the conviction.

Also, I'm a student. If I do end up getting a CHL am I able to carry on campus? I remember Jeff Wentworth got a bill passed which allows concealed carry on campus, but I never heard anything of it after.

If what your saying is you got arrested for having a gun in the vehicle, and it wasnt visible from outside the vehicle. Then you got screwed!!
Its not too late, you can still get help. I dont know if a defferment will create CHL issues but I would suggest you call the DPS in austin and visit with them about it. Tell them your story and i'll bet they will agree with me. They might even have experiance with the issue and give you some advise on how to handle it. Send me a PM with more specific details as to where this happened. I might be able to help some more.

 

[txinvestigator]

If what your saying is you got arrested for having a gun in the vehicle, and it wasnt visible from outside the vehicle. Then you got screwed!!
Its not too late, you can still get help. I dont know if a defferment will create CHL issues but I would suggest you call the DPS in austin and visit with them about it. Tell them your story and i'll bet they will agree with me. They might even have experiance with the issue and give you some advise on how to handle it. Send me a PM with more specific details as to where this happened. I might be able to help some more.

Like it or not, DPS cannot go around the law. He received a deferred for interfence, not UCW. He is inelgible for 5 years. He also plead out. His case is over. He would be in a position for an appeal had he pled not guilty and been found guilty. They do not give advise [sic] on criminal cases either.