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Thread: Going On 7 Months for Permit in Stratford!!!

  1. #1
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    Hey Guys
    I am new in here, and i have been reading all you of the posts on wait times.

    I processed finger prints and app on May 16 and i have still no answer yet!!!!

    Any way to go around Stratford or what should i do?????

  2. #2
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    Ask Stratford to provide you with several dates that are critical to the applicaiton process.

    1. When did they take your fingerprints?

    2. What date did they submit your fingerprints to SPBI for a STATE AND LOCAL records check.

    3. What date were the fingerprints submitted to the state for aNATIONAL criminal history records checks

    4. When was the National Criminal History RecordsCheckrecieved back by the department.

    The answer to thesefour (4)questions are important because dates and timesmandate certain state and local requirements regarding the Permit to Carry applicaiton process in CTas contained in the State Statutes.

    Go to http://www.ctgunrights.com and read some of the posted facts that may give you some insight and suggestions on this topic.

    In section 29-29

    (b) The local authority shall take the fingerprints of such applicant or conduct any other method of positive identification required by the State Police Bureau of Identification or the Federal Bureau of Investigation, unless the local authority determines that the fingerprints of such applicant have been previously taken and the applicant's identity established, and such applicant presents identification that the local authority verifies as valid. The local authority shall record the date the fingerprints were taken in the applicant's file and, within five business days of such date, shall forward such fingerprints or other positive identifying information to the State Police Bureau of Identification which shall conduct criminal history records checks in accordance with section 29-17a.


    (c) The local authority may, in its discretion, issue a temporary state permit before a national criminal history records check relative to such applicant's record has been received. Upon receipt of the results of such national criminal history records check,[/b] the commissioner shall send a copy[/b] of the results of such national criminal history records check to the local authority[/b], which shall inform the applicant and render a decision on the application within one week of the receipt of such results[/b]. If[/b] such results[/b] have not[/b]been received [/b]within eight weeks after a sufficient application for a permit has been made, the local authority shall inform the applicant[/b][/b] of such delay, in writing. No temporary state permit shall be issued if the local authority has reason to believe the applicant has ever been convicted of a felony, or that any other condition exists for which the issuance of a permit for possession of a pistol or revolver is prohibited under state or federal law.

    IMMEDIATELY FILE AN APPEAL WITH THE BOARD OF FIREARMS PERMIT EXAMINERS AND REQUEST AN EXPEDITED HEARING ON THE MATTER OF THE DEALY WHICH AMOUNTS TO A DENIAL.

    Please consider joining the Connecticut Citizen's Defense League and participating in addressing these and other matters of concern regarding CT Firearms rights.







  3. #3
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    I'm sorry to hear. I would do as suggested by Edward.

    I am also from Stratford and got my prints done Feb 28th, and had my temporary permit Apr 23rd. :?

  4. #4
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    I spend a lot of time monitoring what is posted on the Connecticut forum, but am currently involved in California issues.My suggestions are based on my understanding of the relevant Connecticut statutes

    Thank you for the confidence in my posted suggestions.

    I know that the Board of Firearms Permit Examiners have discussed and will be looking into and addressingspecific types of common delays in various jurisdictions.

    I have regularly attendedtheir meetings and listento their discussion.

    They areconcerned about the backlog of cases caused byand in certain key communities.

    Members of the Board and theSpecial License and Firearms Unit are aware of the fact that issuing authorities MUST make a decision within a specific period of time after receipt of the NATIONAL criminal history background check is received.

    Become a squeaky wheel and hold their feet to theletter of the law.

    Again, thanks for your positive comment on my post, and consider joining and financially supporting the Connecticut Citizen's Defense League, because there will be legislative moves to take away every aspect of the problems we solve.

    You can visit their website at http://www.ccdl.us.






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    well i finnaly got a replay after i called and told them i had an appeal set alread because of the 7 month wait.

    They say i am Denied beause of an arrest in Miami in 91 that i told them i had . they say that with a fellony CONVICTION that i can not be granted a permit!!

    ONLY THING IS I WAS NOT CONVICTED!!!!!!

    My Despisiton STATES : WH ADJ / CTS

    THey say is means i am guilty but Miami says i am not!!!!

    Miami told me i was completely fine!!

    they gave me deffinition of charge :

    withheld adjudication / credit time served

    A Decision by a Judge to put a person on probation without a adjudication of GUILT!!!
    It means a person is NOT FOUND GUILTY LEGALLY by the court.
    If the person successfully cpmpletes the terms of probation,and has no
    subsequent offences, NO FURTHER ACTION WILL BE TAKEN ON THE CASE, and the OFFENCE FOR WHICH ADJUDICATION WAS WITHHELD <IS NOT A PRIOR CONVICTION!!!!!!!!!for purposes of habitual offnder sentencing.

    ,
    I dont know if i am reading this right,, but doesnt this mean that i was not guilty here!!!! ???????????

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    Time for you to get an attorney. You may not like it. You may not like the cost. But it's the only way you're going to clear your name. Right now, pending receipt of their official denial, if anyone asks if you've ever been denied a license, you'll have to reply, "Yes."

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    I don't think you need the attorney yet, but stay on top of the appeal. Hopefully your appeal gets moved to the top of the list.

  8. #8
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    denverr1 wrote:
    My Despisiton STATES : WH ADJ / CTS
    I hope this helps to clarify the issue.


    I have no problem sharing this information if it helps you or stratford P.D. understand the issue. They should have contacted the Florida Department of Law Enforcement or the Florida Judicial Department as part of their investigation to seek a proper understanding to the entry on your record.

    A court order to WITHHOLD ADJUDICATIONin the State of Florida is the equivalent of Accelerated Rehabilitation in CT.

    I have personal first hand knowledge of this fact, (INFORMATION FROM MIAMI HERALD AT END OF THIS POST), and I currently possess a permit in CT, Utah and Florida with all issuing authorities having full knowledge of the facts.

    File your appeal with the Board of Firearms Permit Examiners and make sure you include the fact that you were not informed within the period mandated by law.

    You might also ask for a clarification from the Department of Public Safety SPBI, which is the State Police Bureauof Identification.





    Miami Herald, The (FL)

    January 5, 1985
    Section: TRSR CST
    Edition: STATE
    Page: 3TC




    PERUTA IS SENTENCED TO PROBATION[/b] [/b]
    FRANCIS X. DONNELLY Herald Staff Writer

    Former City Council candidate Ed Peruta was sentenced to probation [/b]Friday for committing three securities law violations connected with an alleged precious metals sales fraud.

    Circuit Judge L.B. Vocelle approved a plea agreement between Peruta and the state attorney's office that placed [/b]him on probation for three years and withheld adjudication of his guilt[/b].

    Last month, Peruta's alleged partner in the scheme, former Vero Beach police officer Steve Mohn, also was placed on probation after pleading guilty to the three charges.

    Mohn and Peruta were arrested in April and charged with violating state securities sales law for allegedly running a boiler room operation of high-pressure telephone solicitors trying to sell gold and silver securities.

    The state attorney's office agreed to the plea bargain after Vocelle ruled that statements in which the defendants implicated themselves in the scheme couldn't be used in their trial.

    The pair's attorney, James Long, argued that Mohn and Peruta were coerced into giving the statements by Indian River County Sheriff's Department officials who offered to lower their bond in exchange for the statements.

    Mohn and Peruta pleaded no contest to two counts of failing to register a security and one count of failing to register as a secruityagent.

    Charges dropped against the two men were two counts of failing to register a security, three counts of failing to register as a security agent and four counts of fraudulent transaction of a security.

  9. #9
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    Edward Peruta wrote:
    denverr1 wrote:
    My Despisiton STATES : WH ADJ / CTS
    I hope this helps to clarify the issue.


    I have no problem sharing this information if it helps you or stratford P.D. understand the issue.¬* They should have contacted ¬*the Florida Department of Law Enforcement or the Florida Judicial Department as part of their investigation to seek a proper understanding to the entry on your record.

    A court order to WITHHOLD ADJUDICATION¬*in the State of Florida is the equivalent of Accelerated Rehabilitation in CT.

    I have personal first hand knowledge of this fact, (INFORMATION FROM MIAMI HERALD AT END OF THIS POST), and I currently possess a permit in CT, Utah and Florida with all issuing authorities having full knowledge of the facts.

    File your appeal with the Board of Firearms Permit Examiners and make sure you include the fact that you were not informed within the period mandated by law.

    You might also ask for a clarification from the Department of Public Safety SPBI, which is the State Police Bureau¬*of Identification.





    Miami Herald, The (FL)

    January 5, 1985
    Section: TRSR CST
    Edition: STATE
    Page: 3TC




    PERUTA IS SENTENCED TO PROBATION[/b] [/b]
    FRANCIS X. DONNELLY Herald Staff Writer

    Former City Council candidate Ed Peruta was sentenced to probation [/b]Friday for committing three securities law violations connected with an alleged precious metals sales fraud.

    Circuit Judge L.B. Vocelle approved a plea agreement between Peruta and the state attorney's office that placed [/b]him on probation for three years and withheld adjudication of his guilt[/b].

    Last month, Peruta's alleged partner in the scheme, former Vero Beach police officer Steve Mohn, also was placed on probation after pleading guilty to the three charges.

    Mohn and Peruta were arrested in April and charged with violating state securities sales law for allegedly running a boiler room operation of high-pressure telephone solicitors trying to sell gold and silver securities.

    The state attorney's office agreed to the plea bargain after Vocelle ruled that statements in which the defendants implicated themselves in the scheme couldn't be used in their trial.

    The pair's attorney, James Long, argued that Mohn and Peruta were coerced into giving the statements by Indian River County Sheriff's Department officials who offered to lower their bond in exchange for the statements.

    Mohn and Peruta pleaded no contest to two counts of failing to register a security and one count of failing to register as a secruity¬*agent.¬*¬*

    Charges dropped against the two men were two counts of failing to register a security, three counts of failing to register as a security agent and four counts of fraudulent transaction of a security.

    so whould this charge stop me from getting a permit???

    Because they say that this is what is stoping me

  10. #10
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    What is a Withhold of Adjudication?


    A "Withhold" is a special sentence in which the judge orders probation but does not formally convict the defendant of a criminal offense. Florida Statutes. 948.01 vests Florida judges with the authority to withhold adjudication after the judge imposes a probation sentence. Florida Statute s. 948.04 states that at the conclusion of the probation sentence the judge must release the defendant from probation without any additional sentence for the underlying offense. A withhold of adjudication is not a conviction. Therefore, the defendant avoids the negative consequences that result from a criminal conviction. And the court avoids the time and expense of adjudication. The withhold of adjudication essentially forgives individuals for uncharacteristic behavior. The withhold of adjudication allows the defendant "one free bite at the apple" to avoid the stigma of a criminal conviction on his or her record.


    When is it applicable?
    A "Withhold" is most often applicable when a defendant is facing his or her first misdemeanor or felony conviction. But in appropriate circumstances judges may withhold adjudication even if the defendant has prior convictions or withholds.


    Is the criminal charge "dropped" in a "Withhold"?
    No, the charge is not dropped. Instead, adjudication of guilt is withheld. For "dropping" criminal charges, there is a procedure that is totally different than a "Withhold" in which defendants can enter a diversion program and upon completion of the program, the state attorney drops the criminal charge.


    What are the advantages of a Withhold of Adjudication?
    As criminal defense attorneys, we take every step necessary to obtain a "Withhold" for our clients if they qualify, and if it is appropriate in the particular case. Having a criminal charge "withheld" is an excellent alternative to a conviction. The individual will not have to report a criminal history for that crime on job applications if the question on the application is phrased "Have you ever been convicted of a crime?" The individual has not been "convicted," because the conviction has been "withheld" so he or she can ethically respond "no" to that question. The ability to honestly say one has no criminal convictions can make all the difference in the world in a search for that perfect job.

    Having a conviction on one's criminal record can also affect his or her ability to obtain credit or rent an apartment. If the convictions is a felony, the damage to one's personal freedoms is more severe. A felony conviction prevents an individual from enjoying the right to own a firearm. But if a felony conviction is withheld, the individual may retain the right to possess a firearm. Further, a defendant may avoid forfeiting other civil rights such as the right to vote and the right to serve on a jury through a withhold.

    The taint of a felony conviction can also affect someone if he or she ever appears as a witness in a court proceeding. In Florida, a cross-examining lawyer is always permitted to ask a person who takes the witness stand if he or she has ever been convicted of a felony or a crime involving dishonesty or false statement (examples of crimes involving dishonesty or false statement are petty theft and shoplifting). But if the conviction is withheld, the lawyer cannot even ask the question. Withholding adjudication on an offense can also prevent an individual from getting points on his or her driving record. If adjudication is withheld on a possession of marijuana or cocaine charge, it could stop the defendant from losing his or her license for 2 years.

    Withholds allow one to seal some offenses if the individual has not been convicted of other crimes in the past. Sealing and expunging are discussed more in the article entitled Sealing & Expunging on this website.


    What are the limitations of a Withhold of Adjudication?
    The "Withhold," however, has limitations. One important limitation is that the ability to respond "no" to background questions like the ones on job applications is limited to the wording of the question. For instance, if a question on a job application asks if one has been arrested or been a "defendant" in a government proceeding then one would still have to answer "yes."

    Another source of limitation on withholds is that the Florida legislature has written limiting language into criminal statutes that dilutes the advantage of withholding adjudication in several instances. Some crimes cannot be "Withheld," and other crimes can be "Withheld" but cannot be stricken from your record. Perhaps most applicable to the average person is that adjudication for the crime of driving under the influence (DUI) cannot be withheld.

    Capital, life, and first degree felony adjudications also cannot be withheld pursuant to Florida Statute s. 775.08435. Likewise under the same statute, second degree felony convictions cannot be withheld unless one of two conditions are met. First, the prosecuting attorney can request that adjudication be withheld. Or the court finds that the facts and circumstances of the case warrant a withhold of adjudication. Section 926.0026 of the Florida Statutes lists the facts and circumstances that the court may consider in this situation. Third degree felonies may be withheld. If the defendant seeking to withhold adjudication of a third degree felony has a prior withhold of adjudication for a felony, however, the court may not withhold adjudication unless one of the two conditions above are met. In any event, a defendant with two or more prior withholds may not obtain a withhold of adjudication of any felony.

    Another limitation affecting "Withholds" is that some crimes for which the defendant obtains a withhold of adjudication cannot be sealed. Domestic battery is notable, but the list also includes kidnapping, manslaughter, sexual offenses, burglary, and aggravated assault as well as others.

    Another limitation of withholds is that they are scored the same as convictions on the sentencing guidelines. Sentencing guidelines are used by prosecutors to determine the appropriate sentence in a felony case. Similarly, withholds are treated as convictions when deciding whether to label an individual as a "violent career criminal," a "three-time violent felony offender," a "habitual felony offender," and a "habitual violent felony offender." If one is convicted of a capital felony, a past withhold of adjudication can be considered by the sentencing court as an aggravating factor in determining whether to sentence the defendant to the death penalty. The Florida Supreme Court has also held that withholds of adjudication for the crime of driving with a suspended driver's license are treated as convictions for purposes of determining whether one shall receive a five year habitual traffic offender suspension.

    The limitations of a withhold compound at the Florida state line. Entities not associated with or located outside the state of Florida, most notably Federal agencies, do not recognize the positive consequences of withholds and consider a withhold equivalent to a conviction.


    What are some alternative solutions if I don't qualify for a "Withhold"?
    There are several alternatives that the Law Office of Tim Hessinger can pursue for its clients besides withholds. For example, the Law Office of Tim Hessinger can try to "affect the filing (charging) decision." The filing or charging decision is the decision made by state attorney(s) to file or refrain from filing formal criminal charges. In Pinellas County, the greatest opportunity to help a person that is facing potential criminal charges is by affecting the prosecution charging decision. When our clients come to us early enough, as in before a charging decision is made, we have been very successful in affecting the charging decision by telling your side of the story or providing the state attorney with mitigating information. In pursuing this course of action, we write a letter to the state attorney assigned to our client's case. In that letter, we explain the weaknesses and any mitigation surrounding one's arrest and attempt to persuade the prosecutor not to file charges.

    If charges are filed, the Law Office of Tim Hessinger has many options to construct a sound legal defense. Trial, a negotiated plea, and a dismissal are all viable options to help an individual resolve the charge. Tim Hessinger and Donald Kilfin have 21 years of experience with the criminal justice system in Pinellas County; they will know what the best course of action is for you to obtain the best possible result. Contact us immediately for a free initial consultation. We serve St. Petersburg, Clearwater, and the Tampa Bay area.



    948.01 When court may place defendant on probation or into community control.--

    (1)Any state court having original jurisdiction of criminal actions may at a time to be determined by the court, with or without an adjudication of the guilt of the defendant, hear and determine the question of the probation of a defendant in a criminal case, except for an offense punishable by death, who has been found guilty by the verdict of a jury, has entered a plea of guilty or a plea of nolo contendere, or has been found guilty by the court trying the case without a jury.

    (a)If the court places the defendant on probation or into community control for a felony, the department shall provide immediate supervision by an officer employed in compliance with the minimum qualifications for officers as provided in s. 943.13. A private entity may not provide probationary or supervision services to felony or misdemeanor offenders sentenced or placed on probation or other supervision by the circuit court.

    (b)The department, in consultation with the Office of the State Courts Administrator, shall develop and disseminate to the courts uniform order of supervision forms by July 1 of each year or as necessary. The courts shall use the uniform order of supervision forms provided by the department for all persons placed on community supervision.

    http://www.leg.state.fl.us/STATUTES/...0948/Sec01.HTM

    948.01 When court may place defendant on probation or into community control.



    (2)If it appears to the court upon a hearing of the matter that the defendant is not likely again to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant presently suffer the penalty imposed by law, the court, in its discretion, may either adjudge the defendant to be guilty or stay and[/b] withhold the adjudication of guilt[/b]. In either case, the court shall stay and withhold the imposition of sentence upon the defendant and shall place a felony defendant upon probation[/b]. If the defendant is found guilty of a nonfelony offense as the result of a trial or entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, the court may place the defendant on probation. In addition to court costs and fees and notwithstanding any law to the contrary, the court may impose a fine authorized by law if the offender is a nonfelony offender who is not placed on probation. However, a defendant who is placed on probation for a misdemeanor may not be placed under the supervision of the department unless the circuit court was the court of original jurisdiction.




  11. #11
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    Edward Peruta wrote:
    What is a Withhold of Adjudication?


    A "Withhold" is a special sentence in which the judge orders probation but does not formally convict the defendant of a criminal offense. Florida Statutes. 948.01 vests Florida judges with the authority to withhold adjudication after the judge imposes a probation sentence. Florida Statute s. 948.04 states that at the conclusion of the probation sentence the judge must release the defendant from probation without any additional sentence for the underlying offense. A withhold of adjudication is not a conviction. Therefore, the defendant avoids the negative consequences that result from a criminal conviction. And the court avoids the time and expense of adjudication. The withhold of adjudication essentially forgives individuals for uncharacteristic behavior. The withhold of adjudication allows the defendant "one free bite at the apple" to avoid the stigma of a criminal conviction on his or her record.

    ¬*
    When is it applicable?
    A "Withhold" is most often applicable when a defendant is facing his or her first misdemeanor or felony conviction. But in appropriate circumstances judges may withhold adjudication even if the defendant has prior convictions or withholds.

    ¬*
    Is the criminal charge "dropped" in a "Withhold"?
    No, the charge is not dropped. Instead, adjudication of guilt is withheld. For "dropping" criminal charges, there is a procedure that is totally different than a "Withhold" in which defendants can enter a diversion program and upon completion of the program, the state attorney drops the criminal charge.

    ¬*
    What are the advantages of a Withhold of Adjudication?
    As criminal defense attorneys, we take every step necessary to obtain a "Withhold" for our clients if they qualify, and if it is appropriate in the particular case. Having a criminal charge "withheld" is an excellent alternative to a conviction. The individual will not have to report a criminal history for that crime on job applications if the question on the application is phrased "Have you ever been convicted of a crime?" The individual has not been "convicted," because the conviction has been "withheld" so he or she can ethically respond "no" to that question. The ability to honestly say one has no criminal convictions can make all the difference in the world in a search for that perfect job.

    Having a conviction on one's criminal record can also affect his or her ability to obtain credit or rent an apartment. If the convictions is a felony, the damage to one's personal freedoms is more severe. A felony conviction prevents an individual from enjoying the right to own a firearm. But if a felony conviction is withheld, the individual may retain the right to possess a firearm. Further, a defendant may avoid forfeiting other civil rights such as the right to vote and the right to serve on a jury through a withhold.

    The taint of a felony conviction can also affect someone if he or she ever appears as a witness in a court proceeding. In Florida, a cross-examining lawyer is always permitted to ask a person who takes the witness stand if he or she has ever been convicted of a felony or a crime involving dishonesty or false statement (examples of crimes involving dishonesty or false statement are petty theft and shoplifting). But if the conviction is withheld, the lawyer cannot even ask the question. Withholding adjudication on an offense can also prevent an individual from getting points on his or her driving record. If adjudication is withheld on a possession of marijuana or cocaine charge, it could stop the defendant from losing his or her license for 2 years.

    Withholds allow one to seal some offenses if the individual has not been convicted of other crimes in the past. Sealing and expunging are discussed more in the article entitled Sealing & Expunging on this website.

    ¬*
    What are the limitations of a Withhold of Adjudication?
    The "Withhold," however, has limitations. One important limitation is that the ability to respond "no" to background questions like the ones on job applications is limited to the wording of the question. For instance, if a question on a job application asks if one has been arrested or been a "defendant" in a government proceeding then one would still have to answer "yes."

    Another source of limitation on withholds is that the Florida legislature has written limiting language into criminal statutes that dilutes the advantage of withholding adjudication in several instances. Some crimes cannot be "Withheld," and other crimes can be "Withheld" but cannot be stricken from your record. Perhaps most applicable to the average person is that adjudication for the crime of driving under the influence (DUI) cannot be withheld.

    Capital, life, and first degree felony adjudications also cannot be withheld pursuant to Florida Statute s. 775.08435. Likewise under the same statute, second degree felony convictions cannot be withheld unless one of two conditions are met. First, the prosecuting attorney can request that adjudication be withheld. Or the court finds that the facts and circumstances of the case warrant a withhold of adjudication. Section 926.0026 of the Florida Statutes lists the facts and circumstances that the court may consider in this situation. Third degree felonies may be withheld. If the defendant seeking to withhold adjudication of a third degree felony has a prior withhold of adjudication for a felony, however, the court may not withhold adjudication unless one of the two conditions above are met. In any event, a defendant with two or more prior withholds may not obtain a withhold of adjudication of any felony.

    Another limitation affecting "Withholds" is that some crimes for which the defendant obtains a withhold of adjudication cannot be sealed. Domestic battery is notable, but the list also includes kidnapping, manslaughter, sexual offenses, burglary, and aggravated assault as well as others.

    Another limitation of withholds is that they are scored the same as convictions on the sentencing guidelines. Sentencing guidelines are used by prosecutors to determine the appropriate sentence in a felony case. Similarly, withholds are treated as convictions when deciding whether to label an individual as a "violent career criminal," a "three-time violent felony offender," a "habitual felony offender," and a "habitual violent felony offender." If one is convicted of a capital felony, a past withhold of adjudication can be considered by the sentencing court as an aggravating factor in determining whether to sentence the defendant to the death penalty. The Florida Supreme Court has also held that withholds of adjudication for the crime of driving with a suspended driver's license are treated as convictions for purposes of determining whether one shall receive a five year habitual traffic offender suspension.

    The limitations of a withhold compound at the Florida state line. Entities not associated with or located outside the state of Florida, most notably Federal agencies, do not recognize the positive consequences of withholds and consider a withhold equivalent to a conviction.

    ¬*
    What are some alternative solutions if I don't qualify for a "Withhold"?
    There are several alternatives that the Law Office of Tim Hessinger can pursue for its clients besides withholds. For example, the Law Office of Tim Hessinger can try to "affect the filing (charging) decision." The filing or charging decision is the decision made by state attorney(s) to file or refrain from filing formal criminal charges. In Pinellas County, the greatest opportunity to help a person that is facing potential criminal charges is by affecting the prosecution charging decision. When our clients come to us early enough, as in before a charging decision is made, we have been very successful in affecting the charging decision by telling your side of the story or providing the state attorney with mitigating information. In pursuing this course of action, we write a letter to the state attorney assigned to our client's case. In that letter, we explain the weaknesses and any mitigation surrounding one's arrest and attempt to persuade the prosecutor not to file charges.

    If charges are filed, the Law Office of Tim Hessinger has many options to construct a sound legal defense. Trial, a negotiated plea, and a dismissal are all viable options to help an individual resolve the charge. Tim Hessinger and Donald Kilfin have 21 years of experience with the criminal justice system in Pinellas County; they will know what the best course of action is for you to obtain the best possible result. Contact us immediately for a free initial consultation. We serve St. Petersburg, Clearwater, and the Tampa Bay area.

    ¬*

    948.01¬* When court may place defendant on probation or into community control.--

    (1)¬*¬*Any state court having original jurisdiction of criminal actions may at a time to be determined by the court, with or without an adjudication of the guilt of the defendant, hear and determine the question of the probation of a defendant in a criminal case, except for an offense punishable by death, who has been found guilty by the verdict of a jury, has entered a plea of guilty or a plea of nolo contendere, or has been found guilty by the court trying the case without a jury.

    (a)¬*¬*If the court places the defendant on probation or into community control for a felony, the department shall provide immediate supervision by an officer employed in compliance with the minimum qualifications for officers as provided in s. 943.13. A private entity may not provide probationary or supervision services to felony or misdemeanor offenders sentenced or placed on probation or other supervision by the circuit court.

    (b)¬*¬*The department, in consultation with the Office of the State Courts Administrator, shall develop and disseminate to the courts uniform order of supervision forms by July 1 of each year or as necessary. The courts shall use the uniform order of supervision forms provided by the department for all persons placed on community supervision.

    http://www.leg.state.fl.us/STATUTES/...0948/Sec01.HTM

    948.01¬* When court may place defendant on probation or into community control.

    ¬*

    (2)¬*¬*If it appears to the court upon a hearing of the matter that the defendant is not likely again to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant presently suffer the penalty imposed by law, the court, in its discretion, may either adjudge the defendant to be guilty or stay and[/b] withhold the adjudication of guilt[/b]. In either case, the court shall stay and withhold the imposition of sentence upon the defendant and shall place a felony defendant upon probation[/b]. If the defendant is found guilty of a nonfelony offense as the result of a trial or entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, the court may place the defendant on probation. In addition to court costs and fees and notwithstanding any law to the contrary, the court may impose a fine authorized by law if the offender is a nonfelony offender who is not placed on probation. However, a defendant who is placed on probation for a misdemeanor may not be placed under the supervision of the department unless the circuit court was the court of original jurisdiction.

    ¬*
    so as far as this i didnt even have to report it on app ??? is this correct??

  12. #12
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    I hope this helps you understand the issue better,

    In my applications, I supplied ALL the times I have beenarrested (and there were several), and thenin the convictions section of each application, only listed the ones that resulted in a convictions (and there were very few). I had to submit additional pages to list my arrests, there wasn't enough space in the applicaitons.

    Thestate of Floridaissued my resident ConcealedCarry Permit with full knowledge of the charges, plea and fact that Adjudication was withheld.

    In my case the Florida Department of Law Enforcement (FDLE)and FBI records still show three charges with NO disposition from the mid 1980s.

    The problem is that Stratford P.D. does not know how Florida law operates and didn't conduct a proper investigation by makinginquiresto the State of Florida to get theFACTS.

    Regardless of what did or didn't happen, the Stratford Police Department wasobligated by the Connecticut General Statutes Section 29-29 (c) to render a decision to you IN WRITING within one weekafter receipt of the results of the NATIONAL criminal history records check or eight weeks under all circumstances, and THEY DID NOT!

    File your appeal to and with the Board of Firearms Permit Examiners on the fact that you DID NOT RECEIVE THE REQUIRED WRITTEN NOTICE OF DENIAL IN THE TIME REQUIRED BY STATE LAW,and the fact that you DO NOTHAVE A FELONY CONVICTION in the state of Floridaaccording to Section948.01of the FloridaState Statutes.

    You might want to make an appointment andmeeting with the Chief of the Stratford Police Department and provide him with a copy of SECTION 948.01 of the Florida Statutes and the section of the Connecticut Statute that mandates written notice of approval or denial following the receipt of the NATIONAL CRIMINAL HISTORY RECORDS CHECK.

    The reference to CTS (CREDIT TIME SERVED) means nothing!!


    JUST REMEMBER, JESUS CHRIST,NATHAN HALE, ROSA PARKS, MARTIN LUTHER KING AND NESLON MANDELLA ALL GOT ARRESTED!

    GETTING ARRESTED IS NOT ALWAYS A STIGMA!! EVEN WHEN YOU GET CONVICTED!!!





  13. #13
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    I have just sent this email to the Chief and Lt. Proudfoot of the Stratford Police Department.

    To: Chief John J. Buturla and Lt. Proudfoot Stratford Police Department,

    I have just gotten a call from David Drake to inform me of your department’s reconsideration of his application for a Temporary Permit to Carry.

    I have advised David to notify the Board of Firearms Permit Examiners upon receipt of his Temporary Permit so that they may remove his appeal from their crowed docket.

    I have also suggested that he reduce his positive experience with your department to writing and send a note of thanks for resolving the issue.

    If more local departments were willing to reconsider their positions in situations like this, it would greatly reduce the number of unnecessary appeals filed with and heard by the Board of Firearms Permit Examiners.

    Because of your decision, I’d like to take this opportunity to state that I consider it refreshing to know that both of you together with the members of your department were willing to listen and take the time to research this issue further.

    Many times members of law enforcement become entrenched in their policies and practices and refuse to listen to the opinions and positions of every day civilians.

    I for one am a strong supporter for members of law enforcement and the rule of law and believe it is necessary to compliment those that are willing to change course on various topics.

    I would also like to take this opportunity to apologize if either one of you thought that I was arrogant or pushy during our conversations.

    I am NOT a die in the woods supporter of GUN RIGHTS, but am one who believes in protecting CIVIL RIGHTS.

    I consider myself fortunate to have many close and respected friends who have risen through the ranks of law enforcement to lead their department.

    Although we may never find a need to communicate in the future, I will always remember and defend the fact that the Stratford Police Department was willing to listen and review the facts presented regardless of what the outcome may have been.

    Again, you have reinforced my belief in the rule of law and reason, and I will be providing a copy of this email to the Connecticut Citizen’s Defense League for their records.

    Thank you from a grateful Connecticut citizen,

    Edward A. Peruta

  14. #14
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    I think you meant dyed in the wool, not die in the woods.

  15. #15
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    OK GUYS ,
    I recieved a call today from Lt. Proudfoot to inform me of the Stratford Police Department’s reconsideration of my application for a Temporary Permit to Carry !!!!!:celebrate

    I was told that because of the phone calls from the Wonderful Mr. ED Puruta from CCDL and Sgt. Doug Hall,
    That they looked further into the Fl. Statue and found that my Arrest was Not a Conviction !!!!

    I like to thank Mr Ed Peruta and the CCDL for all the help they have done for me , as well as OC.ORG !!

    WITH OUT YOU GUYS ,I would of had to wait for my appeal date in ( March of 2011 ) to get what I will be getting in a few days!!

    I like to take some time to tell everyone on this forum to SUPPORT THE CCDL !!!!
    They are great guys with alot of knowledge AND I AM THANKFUL TO THEM !!!

    All tho I do not have my CC Permit yet I signed up to be a member of the CCDL and I support everything they do!!!!

    And I also like to thank Chief John J. Buturla and Lt. Proudfoot Stratford Police Department,
    Because of your decision to take time to listen and to further research this issue further for me .


  16. #16
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    LETTER I WILL BE SENDING THE STRATFORD PD


    To: Chief John J. Buturla and Lt. Proudfoot Stratford Police Department,

    I recieved a call today from Lt. Proudfoot to inform me of your department’s reconsideration of my application for a Temporary Permit to Carry.

    I will notify the Board of Firearms Permit Examiners when I recieve my Temporary Permit so that they can remove my appeal from their list.

    I like to thank you both, for taking time out of your busy days to look over my application and for looking further into my arrest to find out the statue to resolve the issue.

    I was happy to know that both of you together with the members of your department were willing to listen and take the time to research this issue further.

    With out you doing this ,I would have had to wait for a year and a half (MARCH 2011) for my appeal date to show that my arrest was not a conviction.

    If more local departments were willing to reconsider their positions in situations like this, it would greatly reduce the number of unnecessary appeals filed with and heard by the Board of Firearms Permit Examiners.

    Because of your decision, I will now be able to finnish getting my Guard Card and Blue Card ,and start to look for jobs in the security field !

    Thank you from a grateful Connecticut citizen,

    David A. Drake Jr.

  17. #17
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    Score one for Liberty, a citizen, Ed, CCDL and the rule of law.

    Robert
    (even prouder of being a Stratford resident now)

  18. #18
    Regular Member
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    Mr. Drake is now in possession of a Permit to Carry.

    This issue isNOW resolved!!

  19. #19
    Regular Member
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    Yes it is true !!! Permit in hand

    And now a Proud Owner of a Glock 23 !!!!

    Thanks Again to ED ,CCDL, This Forum , and the STRATFORD P.D. !!!!!!!



  20. #20
    Regular Member
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    n/a

  21. #21
    Regular Member romma's Avatar
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    Way to go Denver1!!

  22. #22
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    Just to update everyone

    While I was waiting for everything to pan out after the 7 month wait and then denial in stratford .

    I applied for a FL Non Res. Permit (where my arrest was) just to have to see what they thought of the whole deal .

    And what do you think happend!!!!

    I just got my FL permit FRIdayy!!!!!!

    TOOK ME UNDER 3 WEEKS TO GET IN MY HANDS !!!!!!!!

    So now i have a CT and FL Permit!!!!!!

    Thanks Mr Peruta!!!!!!!

  23. #23
    Regular Member
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    What other permits have everyone got to get more States to carry ??

  24. #24
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    I have the Utah one that opens up quite a few other states. The Bridgeport Shooting Range does a Utah class every so often, and the Utah BCI are good people to deal with.

  25. #25
    Regular Member Douglas in CT's Avatar
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    Housatonic River Delta, Connecticut, USA
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    In addition to the Non Resident Utah and/or Florida permits,
    folks here in CT tend to also get carry permits from: PA*, NH, ME and... MA.

    * PA does not recognize the Utah Non Resident permit.
    - You have to get the PA Non Resident Permit using your CT resident Carry Permit.

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