Deferred Prosecution is it a bar to obtaining CHL?

[Wiliamr]

This came up in discussion the other day at the range. Is deferred prosecution for; DUI, family violence, all the other barring offenses, etc., a bar to obtaining a Texas CHL I am not talking about deferred adjudication now, but deferred prosecution. Way different thing in the law. Since there is only an arest, no prosecution and the charges are dropped, it seems to me that there is no bar. I am not a CHL instructor nor an attorney, so someone with the training please chime in. Thanks and good shooting to all.

 

[Bithabus]

By "deferred prosecution" do you mean a person is arrested and not charged with a crime?

 

[kyletxria1911a1]

Nope i got arrested on ft hood charges dropped no probs

 

[macshooter]

Depends on what it's for. Deferred adjudication is treated as a conviction for the purpose of CHL in Texas.

 

[txinvestigator]

I am not talking about deferred adjudication now, but deferred prosecution..

Depends on what it's for. Deferred adjudication is treated as a conviction for the purpose of CHL in Texas.

Not referring to DA.

 

[Bithabus]

If you are never charged it will not count as a conviction.

 

[Davetex]

Glad you brought this up, because in the Nov/Dec issue of the TSRA Sportsman's magazine Alice Tripp said this.

"Since 1995, DPS lawyers have added additional offenses for those who accepted a deferred adjudication of guilt; this list is a life-time prohibition when it comes to obtaining a CHL. I'm not talking about a conviction. This is a negotiated deferred adjudication, negotiated between the judge, defense attorney and prosecutor. In every circumstance, rights were not lost because there was no conviction. A pardon is not possible when there's no conviction. The additions have been added at the whim of DPS lawyers who never offered statistics or incidents to back up the need."

Now I'm not 100% sure I know what this means. Someone smarter than me please jump in.

 

[Wiliamr]

Let me make this clear We are NOT talking about "deferred adjudication" in this thread. We are talking about deferred Prosecution. Bithaus. Once arrested one is charged with some crime. What Defered Prosecution is, is an agreement between the prosecution/defense/ and judge that if certain terms are met, the state will drop the charges and no prosecution will take place. VERY different than deferred adjudication. DA, one pleads guilty BUT there will be no finding of guilt by the court nor will there be any sentence IF certain things are completed by the accused. The real key to this is, that to get DA one pleads guilty, hence the DPS' position that DA is a bar to CHL if one of the various barring crimes, because one has plead guilty. Deferred Prosecution there is no prosecution, no guilty plea, and charges are dropped. Thus the question about how does DPS view that legal chasm?

 

[shortround]

I got "charged" for having an unlicensed dog in the city limits.

The dog-catcher came onto my property and asked me to show proof of a dog license and vaccination.

I told him to get off of my property as he had no warrant.

He left in a huff.

I got a summons in the mail: Went to civil court: Prosecuter wanted me to plead "Guilty."

I refused and demanded a jury trial.

Judge offered me "deferred adjudication."

I had other things to do, so despite my desire for a jury trial, the Court would "expunge" the offense if I did not re-offend.

Still had to pay a fine and court costs for a dog that never left my property.

 

[Bithabus]

Prosecution. Bithaus. Once arrested one is charged with some crime.

Not always. Many arrests do not result in charges

Thus the question about how does DPS view that legal chasm?

Only adjudication of guilt or deferred adjudication count as convictions.

 

[Davetex]

Sorry wiliamr, I didn't mean to detour. My apologies.