adjudication withheld?

[yamaha_1fan]

If you plead guilty and adjudication is withheld, does that mean you are a convicted felon? I am trying to find out if my wife can apply to purchase a gun

 

[mysticls]

adjudication withheld means that once you finish the terms.. ie probation, court cost, fines, etc..you wont be convicted of the crime so no shes not a convicted felon if they gave her adjudication withheld and she complied with all the terms

 

[BowlPacks]

Was she a juvenile? As far as I know, adjudication is for minors. If thats the fact, then yes she CAN get a firearm...

 

[mysticls]

no its not for minors

 

[captredeye]

adjudication is not for minors...i was 18 and popped with posession, i got it put on diversion (adjudication)...now its expunged after the year of "probation" was up


but i do not believe that felonies can put adjudicated....only misdemeanors

 

[Dr. G]

i got 3 felonies and there getting expunged cuz they gave me drug school

 

[BowlPacks]

Well if it was along the lines of a deferred or suspended sentence, as long as everything was completed with the courts then she will be ok. Also, it's not a crime to apply for the purchase of a gun and get denied. Its happend to me before because i had an unpaid ticket. According to the guys behind the counter it happens all the time.

 

[yamaha_1fan]

I have actually contacted a lawyer in the state the charges originated in. We are going to try to seal them. I have several charges that are exempt from from sealing so no good for me.

It seems to be more complicated than meets the eye. But a plea of no contest still counts as a conviction when it comes to situations like this. Then in other areas like sentence guidelines for future crimes the conviction can not be used.

Also adjudication withheld allows the person to still maintain professional licenses etc.

I googled it in the appropiate state and found some legal forums where it was discussed. It is pretty complicated and not black and white at all.

 

[yamaha_1fan]

Well if it was along the lines of a deferred or suspended sentence, as long as everything was completed with the courts then she will be ok. Also, it's not a crime to apply for the purchase of a gun and get denied. Its happend to me before because i had an unpaid ticket. According to the guys behind the counter it happens all the time.

I read something in my google search that may contrdict that. I thought I read somewhere where the guy was being prosecuted for applying for a gun and lying on his application

 

[Bluelaw]

I'm assuming you're in the US. That may solve your wife's right to own a gun at all. So, assuming that, your state will dictate what rights you have, contingent on her criminal record. Some states say "No never", if you are a felon. Some have different time periods, and some say "no problem at all!". Ask your lawyer, where you are, what the fuck is up in your jurisdiction. That's the easy way, but it will cost you your lawyer's fee. You could do the research yourself but what's online or much less in your courthouse records will probably not be the state of the law at the time or in a form that lawyers commonly use, much less the Judge. Hope this helps in some small way. BTW I am a lawyer, able to practice in one state of the great US.

 

[Vermonster]

if you and your wife have all these past charges and your currently running a 9K grow why bother w/ a permit buy a piece on the streets for god sake, after all if you get caught w/ your op and a heater no matter how many permits you have your gona get charged w. the gun....why put your wife on the line like that. My state you need psych exams letters from community members..etc etc etc....by the time you go through that and all the cost its worthpaying 1K for a 300 piece, just put that bad boy in a lead bag and stuff in a wall, theyll never locate it in a raid....just make sure you have a way to acess it if needed, and rember rule numbro uno, if your arent willing to kill do not own a gun because although they are intimidating you have to be ready to use it once you take it out.