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Deferred adjudication questions
#7747289
02/16/20 03:22 AM
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Joined: Apr 2009
Posts: 6,109
pdr55
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Once a person has satisfied the time on a felony deferred adjudication judgment is it as though the charges never happened? This would be in regard to firearms ownership and or possession.
If you`re running down my country, man, You`re walking on the fighting side of me. (Merle)
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Re: Deferred adjudication questions
[Re: pdr55]
#7747293
02/16/20 03:31 AM
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Joined: Dec 2012
Posts: 1,640
LeonCarr
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You are on the Texas Hunting Forum looking for legal advice?
Please consult an attorney licensed to practice law in Texas.
Just my .02, LeonCarr
"Whitetail Deer are extinct because of rifles with telescopes mounted on them." - My 11th Grade English Teacher
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Re: Deferred adjudication questions
[Re: pdr55]
#7747294
02/16/20 03:32 AM
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Joined: Jun 2015
Posts: 18,727
Roll-Tide
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Deferred Adjudication is not really a conviction like confinement of probation. it does not prohibit firearm ownership. As long as family violence is not involved.
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Re: Deferred adjudication questions
[Re: LeonCarr]
#7747299
02/16/20 03:43 AM
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Joined: Apr 2009
Posts: 6,109
pdr55
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You are on the Texas Hunting Forum looking for legal advice?
Please consult an attorney licensed to practice law in Texas.
Just my .02, LeonCarr Just to be clear this is not about me, it’s a question about a person that has been showing up at a few gatherings of friends. I guess the question should be if the person were to be run through the system, would the felony conviction show on the return?
If you`re running down my country, man, You`re walking on the fighting side of me. (Merle)
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Re: Deferred adjudication questions
[Re: pdr55]
#7747321
02/16/20 04:25 AM
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Joined: Feb 2008
Posts: 12,221
Grizz
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When a person completes deferred probation and is discharged, there is no conviction for that offense.
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Re: Deferred adjudication questions
[Re: Grizz]
#7747324
02/16/20 04:29 AM
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Joined: Apr 2009
Posts: 6,109
pdr55
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When a person completes deferred probation and is discharged, there is no conviction for that offense. Thanks Grizz, that’s what I was looking for.
If you`re running down my country, man, You`re walking on the fighting side of me. (Merle)
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Re: Deferred adjudication questions
[Re: pdr55]
#7747339
02/16/20 05:04 AM
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Joined: Feb 2008
Posts: 12,221
Grizz
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When a person completes deferred probation and is discharged, there is no conviction for that offense. Thanks Grizz, that’s what I was looking for. Just to be clear, the arrest will still be on his/her record, just no conviction.
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Re: Deferred adjudication questions
[Re: pdr55]
#7747342
02/16/20 05:06 AM
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Joined: Mar 2010
Posts: 12,205
ntxtrapper
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You are on the Texas Hunting Forum looking for legal advice?
Please consult an attorney licensed to practice law in Texas.
Just my .02, LeonCarr Just to be clear this is not about me, it’s a question about a person that has been showing up at a few gatherings of friends. I guess the question should be if the person were to be run through the system, would the felony conviction show on the return? A deferred felony can't be used as a previous conviction for an enhancement when filing a new criminal case with any district attorney's office, many times though I have seen it prevent a person from passing the NIC system when trying to purchase a firearm.
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Re: Deferred adjudication questions
[Re: ntxtrapper]
#7747347
02/16/20 05:11 AM
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Joined: Jul 2009
Posts: 9,763
Tin Head
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You are on the Texas Hunting Forum looking for legal advice?
Please consult an attorney licensed to practice law in Texas.
Just my .02, LeonCarr Just to be clear this is not about me, it’s a question about a person that has been showing up at a few gatherings of friends. I guess the question should be if the person were to be run through the system, would the felony conviction show on the return? A deferred felony can't be used as a previous conviction for an enhancement when filing a new criminal case with any district attorney's office, many times though I have seen it prevent a person from passing the NIC system when trying to purchase a firearm.
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Re: Deferred adjudication questions
[Re: pdr55]
#7747350
02/16/20 05:14 AM
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Joined: Sep 2012
Posts: 4,011
68A
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You are on the Texas Hunting Forum looking for legal advice?
Please consult an attorney licensed to practice law in Texas.
Just my .02, LeonCarr Just to be clear this is not about me, it’s a question about a person that has been showing up at a few gatherings of friends. I guess the question should be if the person were to be run through the system, would the felony conviction show on the return? It’ll still show on a background check, assuming they haven’t had the record sealed. Even if it is sealed it’ll still show on any federal check or pd check, just not employer or internet search type scenarios
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Re: Deferred adjudication questions
[Re: pdr55]
#7747394
02/16/20 01:23 PM
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Joined: Jan 2010
Posts: 23,830
beaversnipe
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Re: Deferred adjudication questions
[Re: LeonCarr]
#7747436
02/16/20 02:26 PM
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Joined: Nov 2009
Posts: 91,416
bill oxner
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You are on the Texas Hunting Forum looking for legal advice?
Please consult an attorney licensed to practice law in Texas.
Just my .02, LeonCarr I concur.
Quail hunting is like walking into, and out of a beautiful painting all day long. Gene Hill
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Re: Deferred adjudication questions
[Re: Grizz]
#7747470
02/16/20 03:04 PM
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Joined: Dec 2006
Posts: 20,758
cbump
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When a person completes deferred probation and is discharged, there is no conviction for that offense. This. We had to charge a kid with UCW instead of felon in possession the other day due deferred.
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Re: Deferred adjudication questions
[Re: pdr55]
#7747490
02/16/20 03:29 PM
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Joined: Apr 2009
Posts: 6,109
pdr55
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The rest of the story is that the individual has expressed interest in going with some of the group on different hunts and some were concerned about what would transpire upon confrontation with LE, BP or Game Warden. (including myself). That whole felon in possession of a firearm thing. And no, I’m not calling an attorney about this.
If you`re running down my country, man, You`re walking on the fighting side of me. (Merle)
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Re: Deferred adjudication questions
[Re: pdr55]
#7747503
02/16/20 03:42 PM
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Joined: Dec 2009
Posts: 9,836
The Dude Abides
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The rest of the story is that the individual has expressed interest in going with some of the group on different hunts and some were concerned about what would transpire upon confrontation with LE, BP or Game Warden. (including myself). That whole felon in possession of a firearm thing. And no, I’m not calling an attorney about this. If you're worried then exclude him.
I am still looking for the perfect apron, one with reinforced knee areas would be perfect.
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Re: Deferred adjudication questions
[Re: pdr55]
#7747507
02/16/20 03:48 PM
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Joined: Jan 2010
Posts: 23,830
beaversnipe
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Just go ahead and liquidate him
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Re: Deferred adjudication questions
[Re: pdr55]
#7747510
02/16/20 03:50 PM
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Joined: Sep 2011
Posts: 1,684
Walkabout
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Since this IS a public forum, you just lost plausible deniability. Seeking actual legal advice is not an option you say. So now you are down to just the odds 50/50 right?
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Re: Deferred adjudication questions
[Re: pdr55]
#7747514
02/16/20 03:55 PM
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Joined: Dec 2008
Posts: 22,630
Cast
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For traffic offenses, once it’s completed successfully, it’s as if it never happened. I’m not sure in felony cases, but it seems that it should be the same.
Cast I have a short attention spa
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Re: Deferred adjudication questions
[Re: Cast]
#7747526
02/16/20 04:12 PM
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Joined: Nov 2009
Posts: 91,416
bill oxner
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For traffic offenses, once it’s completed successfully, it’s as if it never happened. I’m not sure in felony cases, but it seems that it should be the same. Been there.
Quail hunting is like walking into, and out of a beautiful painting all day long. Gene Hill
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Re: Deferred adjudication questions
[Re: pdr55]
#7747536
02/16/20 04:25 PM
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Joined: Dec 2006
Posts: 20,758
cbump
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The rest of the story is that the individual has expressed interest in going with some of the group on different hunts and some were concerned about what would transpire upon confrontation with LE, BP or Game Warden. (including myself). That whole felon in possession of a firearm thing. And no, I’m not calling an attorney about this. Let him worry about it.
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Re: Deferred adjudication questions
[Re: Walkabout]
#7747537
02/16/20 04:28 PM
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Joined: Apr 2009
Posts: 6,109
pdr55
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THF Trophy Hunter
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Since this IS a public forum, you just lost plausible deniability. Seeking actual legal advice is not an option you say. So now you are down to just the odds 50/50 right? Well, my thinking was that the LEO’s would know as they deal with this on a daily basis.
If you`re running down my country, man, You`re walking on the fighting side of me. (Merle)
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Re: Deferred adjudication questions
[Re: pdr55]
#7747549
02/16/20 04:44 PM
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Joined: Feb 2008
Posts: 12,221
Grizz
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The rest of the story is that the individual has expressed interest in going with some of the group on different hunts and some were concerned about what would transpire upon confrontation with LE, BP or Game Warden. (including myself). That whole felon in possession of a firearm thing. And no, I’m not calling an attorney about this. It all comes down to how comfortable you are that you have accurate information from him. As long as he has been successfully discharged from his deferred probation, he has no other felonies, and he doesn't have an active protective order against him, he will be fine under state law. That may or may not be the case under federal law. State law allows a person to have a firearm after a domestic violence conviction as long as the person has been completely off paper for five years. Federal law doesn't. State law also has a provision that allows convicted felons to possess firearms on their own property when they've been completely off paper for five years but federal law has no such provision. The point being federal law and state law don't always mesh.
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Re: Deferred adjudication questions
[Re: The Dude Abides]
#7747550
02/16/20 04:46 PM
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Joined: Jul 2008
Posts: 21,617
pegasaurus
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The rest of the story is that the individual has expressed interest in going with some of the group on different hunts and some were concerned about what would transpire upon confrontation with LE, BP or Game Warden. (including myself). That whole felon in possession of a firearm thing. And no, I’m not calling an attorney about this. If you're worried then exclude him. ^^^^^ This ^^^^^ Sounds like there is more concerns about this person than the deferred adjudication. You said “ upon confrontation with LE, BP or Game Warden. (including myself)” That should answer any question you have about being around this person.
Funny thing about getting older: Your eyesight starts getting weaker but your ability to see through people's BS gets much better.
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Re: Deferred adjudication questions
[Re: pdr55]
#7747558
02/16/20 04:55 PM
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Joined: Mar 2012
Posts: 13,614
1860.colt
emoji colt.45
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emoji colt.45
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Deferred ta my adjudication i got D-
Last edited by colt.45; 02/16/20 04:56 PM.
i'm postaddic
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Re: Deferred adjudication questions
[Re: pdr55]
#7747578
02/16/20 05:23 PM
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Joined: Jan 2011
Posts: 46,950
Gravytrain
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Also, if I were you I would not consider selling him a firearm; not that you are.
Upon us all, upon us all, a little rain must fall
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