Question About Deferred Adjudication

[preachtokill1032]

I don't really care to go into the details but I have a friend who was recently arrested on a Class B Misdemeanor. Prior to this arrest he had been on probation for a couple of years for something about the same type of misdemeanor I believe. From what I was told he if he completed probation without incident he would have a clean record, but I was just curious if his prior arrest still counts as a prior when he has his day in court for the new charge. He's a good friend/co worker and it's a bit of a downer that this happened to him so I thought I'd ask people who know a thing or two about this kind of stuff what he might be looking at.




Andrew

 

[Esav Benyamin]

I don't really care to go into the details but I have a friend who was recently arrested on a Class B Misdemeanor.

[...] it's a bit of a downer that this happened to him

Andrew

It doesn't sound like it "happened to him" -- it sounds like he did it.

 

[Keith Montgomery]

It is my understanding that if his record has been expunged, it can not be brought up in future court cases.

 

[tummler]

meh, its just a misdemeanor... around here ppl usually don't get probation for misdemeanors... just felonies

 

[preachtokill1032]

It doesn't sound like it "happened to him" -- it sounds like he did it.

Well yeah dude that's what I meant but I mean this sucks, I mean he's not exactly a big time in and out of jail career criminal type. He's a blue collar man, you know, a worker. Word is he can still keep his job but if he misses work because he has to do time or whatever then that's it, his job won't be waiting for him when he gets out and if that's the case it's gonna suck cuz him and I are pretty tight, I mean he put in a good word for me to get me back with the city, we're always laughing and jamming out while working, you know how it is, when you got a good work buddy it always makes the day go by faster and makes your job more enjoyable and I just want to know if A) his first arrest will show up as a prior and B) if this will hurt him in the long run. My theory is if he's tagged as a repeat offender or whatever they'll have no mercy on him, but I hope they do though, I mean if he was some scumbag who has a rap sheet a mile long then yeah I can see him doing some time but hell, he's a family man, he's a city employee, he's a hard worker and an all around good guy. Just hope his last charge doesn't show up just to be safe though.




Andrew

 

[wolfmann601]

***I am not a Lawyer or legal beagle, this is just my honest opinion

There are several variables as to whether his conviction still exists on paper. Rest assured however his record of arrest does and will always. It sounds like his first conviction had some form of unconditional discharge upon completion of probation. In order to be on probation he HAD to have been convicted. If some States if he was under 21 at the time, his record of convictions might get expunged without further action but generally it requires some form of Motion and Order to have that happen.

But it does not matter, if he gets convicted now the first event can and will be used at sentencing. If the new offense is similar to the first it is clear he did not learn his lesson. The Courts (some Judges anyway) are smart enough to know that the new crime was probably not the first time he reoffended but just the first time he got caught. So now he just might get some form of probation after he serves up to a year in the can.

Soap on a rope time........................

 

[rifon2]

It depends on the law of the State where these events happened.

Laws relating to these kinds of issues are very State-specific.

For example, some states allow records to be "expunged"...
in other states records are "sealed"...

IIRC, some States have laws that say specifically that an arrest which resulted in a disposition of
completing probation without incident - and the probation is, in fact, completed without incident -
"will not count as an arrest" in future adjudications...

It can get pretty technical; if your friend has the resources to consult
a competent lawyer on the issue I'd certainly recommend doing so.

 

[tyr_shadowblade]

................

 

[rifon2]

It stays on his record FOREVER until it is cleared through applying for a pardon, expungement, or having the conviction overturned . . . AND having said application approved.

It depends on the law of the particular State where the crime(s) and adjudication(s) occurred.

For example, some states have "automatic" sealing statutes for certain types
of crimes. Some states even have "automatic" expungement statutes for certain types of crimes.

It's really a very, very state-specific issue.

 

[Esav Benyamin]

You do the crime but don't do the time, it gets easier and easier to think you'll slide the next time, too. The courts know this, which is why when you do it again, Britney, you will find there's a lot less sympathy out there for you.

 

[preachtokill1032]

It depends on the law of the particular State where the crime(s) and adjudication(s) occurred.

For example, some states have "automatic" sealing statutes for certain types
of crimes. Some states even have "automatic" expungement statutes for certain types of crimes.

It's really a very, very state-specific issue.

I think you might be onto something there man. I could be wrong but I think here in the land of the big TX it gets erased after about 5 years if you don't re offend. He said that his bond was set pretty low and that the judge seemed to imply that she did that because she was under the impression it was his first time and of course he has ties to the community, (this was almost ten years ago for him) I mean his bond was set at like 2000 bucks which is actually pretty decent since you only need to pitch in about ten percent to be bonded out the same day you're arraigned (it's usually twice that give or take for repeat/habitual offenders) I can just hope he shows up clean when he goes to court.

Was it a charge involving indecent exposure or lewd conduct?

Um no dude, those are like serious charges, his charge is just a petty crime. When he was younger it was posession, this time it's disorderly conduct. I didn't want to say that because when you ask him about it he gets all upset and says he doesn't like to talk about it but then I just realized how's he gonna know I said anything, hehe.


Andrew