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Thread: Adjudication Withheld

  1. #1
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    Adjudication Withheld

    Hi, I just have a question and I wonder if anyone could help me with it. About 10 years ago I was arrested for possession of marijuana and drug paraphernalia....I went to court and went through pre-trial intervention and received an Adjudication Withheld on the charge. When going through the prequalifying questions on http://app1.licgweb.doacs.state.fl.u...questions.aspx question 20 mentions if I have been found guilty. I am unsure if an Adjudication Withheld is considered guilty or not. If it is am I ineligible for a concealed weapon license or are there just more hoops that I will need to jump through? Thank you for all your help.

  2. #2
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    There is another question that asks about adjudication withheld. If it Is over 3 years since probation is over you are good to go. include your sentencing document and proof when probation ended.

    http://floridaconcealedcarry.com/Forum/showthread.php?18479-Eligibility-Question

  3. #3
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    790.06(2)(d) Is not ineligible to possess a firearm pursuant to s. 790.23 by virtue of having been convicted of a felony;
    (e) Has not been committed for the abuse of a controlled substance or been found guilty of a crime under the provisions of chapter 893 or similar laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is submitted;
    (f) Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if the applicant has been committed under chapter 397 or under the provisions of former chapter 396 or has been convicted under s. 790.151 or has been deemed a habitual offender under s. 856.011(3), or has had two or more convictions under s. 316.193 or similar laws of any other state, within the 3-year period immediately preceding the date on which the application is submitted;

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    It was a misdemeanor charge and I have completed everything the court required. It has also been longer than 3 years. Looks like I just have to gather up the paper work and send it in. Thank you for your help.

  5. #5
    Super Moderator Rvrctyrngr's Avatar
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    Quote Originally Posted by CarRamrod View Post
    It was a misdemeanor charge and I have completed everything the court required. It has also been longer than 3 years. Looks like I just have to gather up the paper work and send it in. Thank you for your help.
    Yup. You'll need the final disposition of your case.

    Misdemeanor...more than 3 years...shouldn't be an issue.
    Detached reflection cannot be demanded in the presence of an uplifted knife.
    -Justice Oliver Wendel Holmes
    Brown v. United States, 1921

    ...against ALL enemies, foreign AND domestic.

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    Well folks, tonights the big night. The 'lil woman & I go for our safety class for concealed carry lic. My only concern is (after reading the rules 4,365 times) is the DUI part. I had a DUI in 1979 and a DUI in 2007. All fines, probation, punishment, penalties, etc... All paid up & prayed up. My wife is a chronic document saver / filer so I know all my court paper work is right where it's accessable. If I'm reading the law / rules correctly, I should be OK. The 3 year lapse should put me in like Flint, if I'm reading it correctly. Remarkably, both DUI offenses were acts of stoopidity on my part.... AND I DON'T DRINK! The first DUI in '79 was too long ago to remember and the '07 was my stupidity for telling the cop I used 2 pain killers at 9:30 that morning. The accident was at 5:00 in the afternoon. The cop said I looked "impaired". It was actually coming off a 26 hour work shift. Brain dead was more like it but, because I opened my big yap & admitted to taking 2 Lortabs that morning and even after blowing 000 twice at the cop shop, I ended up with a DUI charge. Being a non - drinker made it a real hassle & an insult especially since the cop didn't want to hear it... Come to think of it, neither did the judge. $9500 dollars later and a whole year of BS and it was over. Nothing left to do but deal with the residual crap I inflicted on myself. Wish me luck... I'm really looking forward to getting my CCW ticket. I'll keep y'all posted even If I don't succeed. Maybe my info will help someone else. Ya never know....

  7. #7
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    I thought 2 or more DUI's and no license ... regardless of how much time elapsed. You didn't mention any DUI's before.

    And the three year thing was for felonies

    Am I wrong? dunno

    Anyone know? Before he takes a class for nothing?

    Well I say nothing, but thats not true. I had fun. It's cool there is no date limit when providing proof of taking class. i just got my ccw after a 30 day wait, and i have an "aggravated assault with a firearm" charge on my record. Which was complete BS, adjudication witheld. I did all the paperwork myself. I submitted a copy of an NRA pistol class certificate I took in 1998. Glad i held on to it, got to skip the class part and save $60 or so. And I got my notaries, and photos at AAA for free. I got my license on the cheap. lol
    Last edited by Stringer; 07-06-2011 at 07:45 PM.

  8. #8
    Super Moderator Rvrctyrngr's Avatar
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    Quote Originally Posted by Stringer View Post
    i thought 2 or more DUI's and no license ... reguardless of how much time elapsed

    and the three year thing was for felonies

    am I wrong? dunno

    anyone know? before he takes a class for nothing?
    See post #3 in this thread for legalese verbiage.
    Detached reflection cannot be demanded in the presence of an uplifted knife.
    -Justice Oliver Wendel Holmes
    Brown v. United States, 1921

    ...against ALL enemies, foreign AND domestic.

  9. #9
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    OIC

    Looks like within the last 3 years on the DUI's. Should be good to go

  10. #10
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    I asked the class instructor & NRA range instructor about the 2 DUI's. My last was in 2005.... my mistake. The instructor said it shouldn't be a problem & pointed out on the application package where it says "during the 3 years preceeding the date of this application, have you been:" and choice "c" states - convicted 2 or more times under section blah blah blah & so on....
    Anyway, prints & pics this morning & off it goes to Orlando. I'm told the wait time is based on "how busy" the dept is. With any luck & the grace of God, I should get my license.
    I'll keep y'all informed as to my progress.

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