Texas-Book-Gun Law Armed And Educated - Flipbook - Page 252
F. What is “deferred adjudication”?
Under Article 42A.101 of the Texas Code of Criminal Procedure,
“if in the judge’s opinion the best interest of society and the
defendant will be served, the judge may, after receiving a plea of
guilty or plea of nolo contendere, hearing the evidence, and finding
that it substantiates the defendant’s guilt, defer further proceedings
without entering an adjudication of guilt, and place the defendant
on community supervision.”
Deferred adjudication is, therefore, the legal act of either accepting
culpability for a crime or refusing to contest the culpability of a
crime, without being actually convicted of the crime. Deferred
adjudication is effectively a form of probation: a defendant is
released back into society under the condition that the defendant
will stay out of legal trouble for a period of time imposed by a
judge. At the conclusion of the probationary period, the defendant
will not be considered convicted for most purposes.
G. Suspension and revocation of an LTC
1. What is the difference between suspension and revocation?
To begin, it is important to know that there is a difference between
a suspension and a revocation of a person’s LTC. A suspension is
only temporary, and a person’s license may be reinstated without
the necessity of submitting a new application for an LTC. This
means that a person will not have to go through the rigors of the
application process or the classroom requirements again in order
to regain their LTC. On the other hand, a revocation means that
the Texas DPS has decided that a person’s LTC shall be terminated
and in order for the person to ultimately regain the LTC, they must
reapply from step one by attending an LTC class and submitting
the application with the applicable fees. See Tex. Gov’t Code
§§ 411.186, 441.187.
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