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Thread: legal help with getting permit

  1. #1
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    hello GUys i am new here

    I applied for my permit and took prints on MAy 14th I have been waiting for my permit for 7 months now!!! i finnaly got intouch with the PD last week and they said they didnt submit my app because of a chage in Miami in 91 !!

    they said they could try to submit if i really wanted them too and i said YES I aready payed for it!!!!

    i just got a letter today telling me i was denied because of the miami charge!!!! 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!!!! ???????????

  2. #2
    Regular Member bigdaddy1's Avatar
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    The issue appears to be the fact that there is not a NOT GUILTY associated with your case. An adjudicated sentence does not mean you were found innocent. You were convicted as I read it. You may want to contact an attorney to get a more legal opinion.
    What part of "shall not be infringed" don't you understand?

  3. #3
    Campaign Veteran skidmark's Avatar
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    Actually, I believe the problem is there is no final disposition listed.

    Adjudication withheld means just that - no decision (guilty or innocent) was ever made.

    You need to get back in touch with the court and get them to (preferably) dismiss the charge with prejudice, dismiss the charge, nolle pross the charge, or otherwise close it out. You also need to get them to enter the final disposition into the state and federal databases. A letter from the judge saying you were not convicted, that you can take to the officials in Conn., might be worth the effort of asking for.

    This is a good "teaching moment" for folks who have ever had a charge made against them. Go back to the source and make sure that there in fact was a disposition, what that disposition was, and that if it was supposed to be expunged that in fact it was (as opposed to merely being sealed). There are procedures you can utilize to get a copy of your own criminal history record. It's good to check on it - just like your credit history (although you should not need to check criminal history yearly unless there's something going on you really ought to be talking with a lawyer about).

    stay safe.

    skidmark
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  4. #4
    Regular Member bigdaddy1's Avatar
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    What Skid said makes sence. The judge was supposed to close out the case once you completed the sentence. Looks like that didnt happen.
    What part of "shall not be infringed" don't you understand?

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