OT Legal question

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Rusty
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OT Legal question

Post by Rusty »

If a person is charged with grand larsony a felony, and they plead no contest, after they have made restitution and served probation, if the judge withholds ajudication are they a convicted felon?

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FWiedner
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Post by FWiedner »

Seems like they wouldn't have had to make restitution or serve probation if they weren't.

Wouldn't those requirements be handed down as sentence after having been "convicted"?

Hell, I dunno. Ask ScottT.

:?
20cows
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Post by 20cows »

Yep.
PPpastordon
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Post by PPpastordon »

It would seem to me that when one pleads no contest and that plea is accepted by the judge there is no longer any reason for the judge to "ajudicate" the case. It also seems that though there is no admission of guilt, the clear implication (in a legal perspective) is being guilty.
Sometimes people enter pleas when not guilty. Sometimes even members of our congress say they have done so! Remember Craig?
If this situation calls for a certain decision that depends on the individual's legal status you should have your own paid for legal advice to cover your own legal status in your decision. Short of that (which many might find as the easy way out) you will need to make your own decision concerning the individual. It'll then be between him or her, you, and God Almighty!
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Hobie
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Post by Hobie »

20cows wrote:Yep.
Good to see you 20cows... AND with the correct answer.

Rusty, is somebody trying to explain away a felony conviction to get a gun from you? When in doubt, don't do it.
Sincerely,

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Pete44ru
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Post by Pete44ru »

A "no contest" plea is not the same as "not guilty".

IIRC, anyone pleading thusly is then subject to the "mercy of the court", beit harsh or lenient.
Rusty
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Post by Rusty »

Thanks guys... BTW it's not me.

I understand no contest. The short answer is yea I'm guilty , but...

It was the withholding of the adjudication that had me thrown.


thanks,
Rusty <><
If you're gonna be stupid ya gotta be tough-
Isiah 55:8&9

It's easier to fool people than it is to convince them they have been fooled.
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kimwcook
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Post by kimwcook »

In Washington state they'd be considered as guilty as anyone else upon the plea of "No Contest" and the court accepting that plea. That is being adjudicated. Restitution and probation are all consequences of a guilty plea and part of the adjudication.
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JohnnyReb
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Post by JohnnyReb »

Nolo contendre is latin for no contest (loose translation). You choose to not challenge the States' case.

There exist within certain States alternative pleas whereby you are "sentenced" to community service, probation and often rehabilitation programs and after successful completion of same, the court may reduce or vacate the conviction. The court defers adjudication in these cases
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WinM71
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Post by WinM71 »

On a nolo contendre plea, the outcome will generally stand as a conviction.
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jengel
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Post by jengel »

WinM71 wrote:On a nolo contendre plea, the outcome will generally stand as a conviction.
That is my opinion, although I will probably get told I am wrong. Oh well.
Rusty
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Post by Rusty »

The real issue is,,, would this person be a convicted felon? Could they purchase a firearm and vote?

Rusty <><
If you're gonna be stupid ya gotta be tough-
Isiah 55:8&9

It's easier to fool people than it is to convince them they have been fooled.
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Post by rimrock »

In Texas, depends on which statute is being applied to you. For example, a person wanting to be an insurance agent is asked if he's ever been convicted by any court. The answer would be yes, according to the facts you presented.
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