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Is a deferred adjudication considered a conviction in the state of Texas?

Posted: 13 May 2012 07:03 PM PDT

Question by : Is a deferred adjudication considered a conviction in the state of Texas?
I received a deferred adjudication for assault/bodily injury in Texas, and I was wondering if I am still allowed to posses a firearm.

Best answer:

Answer by Chet
Yes, you can still own a firearm.

Under Texas law, if you complete the deferred adjudication, you are not convicted.

Texas Code of Criminal Procedure
Art. 42.12. COMMUNITY SUPERVISION.
Deferred Adjudication; Community Supervision
Sec. 5. (a)
“when in the judge’s opinion the best interest of society and the defendant will be served, the judge may, after receiving a plea of guilty or plea of nolo contendere, hearing the evidence, and finding that it substantiates the defendant’s guilt, defer further proceedings without entering an adjudication of guilt, and place the defendant on community supervision”

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.42.htm#42.12

“(c) On expiration of a community supervision period imposed under Subsection (a), if the judge has not proceeded to adjudication of guilt, the judge shall dismiss the proceedings against the defendant and discharge him.”

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.42.htm#42.12

This is what federal law states about this:

US CODE Title 18 Section 921 (20)
What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

http://www.law.cornell.edu/uscode/usc_sec_18_00000921—-000-.html

Know better? Leave your own answer in the comments!

If i blew legal how can i be charged for DUI?

Posted: 13 May 2012 11:04 AM PDT

Question by : If i blew legal how can i be charged for DUI?
I was driving home and was stopped because i swerved while getting my phone out of my pocket. And on my papers it says i blew a .08 & .07.

Best answer:

Answer by Sabretooth47
I believe a DUI (Driving Under the Influence) is any reading at or below .08 in most states. Anything above is considered a DWI (Driving While Intoxicated).

There is no “legally allowed” level of alcohol to have in your system while operating a vehicle.

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