Felons & Firearms

admin — Wed, 25 May 2022 15:57:15 +0000

I was convicted of a felony, in a state court, when I was 20. I’m 35 now and want to own a gun.Are all convicted felons ineligible to have a firearm or only certain ones? Texas Possession of a Firearm by a Felon It is illegal under both Texas law and federal law for felons to possess firearms, though it is a little different in Texas. In the state, felons in Texas may not possess a firearm at any time in the five-year period after they’re convicted and released from either probation or prison. If they are caught, then they face criminal charges. Federal Possession of a Firearm by a Felon Under federal code, it is unlawful for a person who has been convicted of a crime that is punishable by at least one year in prison to transport, ship, or possess firearms or ammunition. However, it can also apply to those who have no prior felony conviction but are on the list of prohibited persons nonetheless. It’s important to understand in the context of this law that possession is not the same thing as owning a gun. Possession simply means that they have a firearm at home, in their care, at work, or even in a storage locker – it doesn’t even need to be physically present in order to be charged. They simply must have access to it.

Still have questions? Call Julya!

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What Is Deferred Adjudication?

admin — Wed, 11 May 2022 10:22:21 +0000

I always hear about “deferred adjudication,” what is it exactly?

Deferred adjudication is a type of judge-ordered community supervision (more commonly known as probation) that allows a person to accept responsibility for a crime without a conviction being placed on their record. A judge is the only person who can grant deferred adjudication, and a prosecutor and alleged offender will have to agree to waive a jury trial and all appeals.

With deferred adjudication, you will be asked to enter a guilty plea, but that finding of guilt is deferred pending your completion of the term of probation. In some cases, people may be allowed to enter “no contest” pleas.

When a person is placed on deferred adjudication community supervision and receives a discharge and dismissal, they can petition the court for an order of nondisclosure to seal or expunge their criminal record. Certain timelines have to be waited out before filing the petition for an order of nondisclosure.
What is a nondisclosure order?

A nondisclosure order seals part of your criminal record. The order stops public entities, including courts, clerks of the court, law enforcement agencies, and prosecutorial offices, from sharing information about the sealed offense. If you have a nondisclosure order for an offense, you do not have to enter the offense on most job applications.

Please note that a nondisclosure order applies only to a particular criminal offense. The order does not apply to all offenses that may be on your criminal history record. However, you may obtain multiple orders of nondisclosure for multiple offenses.

This law stuff gets confusing, right? Call Saenz & Billhymer Law, PLLC. Our lawyers stand ready to answer all your questions and tell you if you are qualified for an order of nondisclosure. Call today!

Don’t have a criminal attorney’s number saved in your phone? Well, if you are reading this, save this number to your smartphone, 817-927-0199.

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420 Defense Attorney – Law Office of Julya Billhymer

Felons & Firearms

What Is Deferred Adjudication?

I always hear about “deferred adjudication,” what is it exactly?