Alcohol & Drugs: MIP, MIC, Intoxication CCW denial due to "adjudication withheld"

[brion]

About 8 years ago,while living in Florida,I was arrested for possesion of more than 20 grams marijuana.(it was 24 grams IIRC )
The final judgement/order of the court was "ADJUDICATION OF GUILT WITHHELD".
I paid court costs,and served 2 years probation.


Now 8 years later,Im applying for my CCW-concealed handgun permit here in Michigan.
Ive owned handguns for years,each time having to obtain a purchace permit/background check,and the Sherrifs office is aware of the pot charge in Florida.Now Im being told to bring in my case paperwork from that case,with me Thursday when I appear in front of the LEO's 'board' for final approval for my CCW permit.It has been since October that I filed with the capitol, Lansing,and I assumed they were to do all the digging up of out of state records and such.............but we all know what happens when you assume.Today,with less than 48 hours to go,I get a call from the LEOs questioning the case.

Basically,they are saying I do not qualify because I was convicted of a felony.
This Florida drug case is the only thing in question.

I did a search here on "ADJUDICATION WITHHELD" and saw a definition of it being such that I am guilty...........but not convicted.

FYI.........according to a few searches on the web,the same charge in Michigan would have been a misdemeanor violation.

On the application for the CCW ,in front of me,it clearly states in the requirements to obtain,as :
#9. Has never been convicted of a felony in Michigan or elsewhere

So I guess what Im asking is that can they legally deny me the CCW based on their interpretation of "ADJUDICATION OF GUILT WITHHELD" ??

A reference to a legal definition of the term would be most appreciated.

Thank you for your help,Brion Jordan.

 

[brion]

Sorry,..............forgot to mention that the original charge"more than twenty grams of cannabis" is a felony charge in Florida.
Thanks,Brion.

 

[brion]

Did some digging last night and came up with a few tidbits.
The most promising one is: 18 USC 922 (a) (20) which basically states that "conviction" is to be determined in accordance with the law of the jurisdiction in which the preceding was held.(in this case Florida) Florida law provides that a conviction requires either an adjudication of guilt by verdict of the jury or a plea of guilty.The nolo contendere plea is NOT a conviction under Florida law.


Is this my best hope?

 

[brion]

Thanks for all the help guys

 

[NYClex]

seems nobody here is a Florida law specialist. You already found out that it matters what Florida says. You seem to be on a good track, though. because it really is common to say that a "conviction" has not happened when adjudication of guilt was withheld.

 

[artistic012]

When all else fails seek a free consultation from a lawyer in your area.

I recommend:
http://www.findlaw.com

I utilized Find Law to location my Cyber Law Lawyer.

 

[freebird]

Adjudication withheld means that you have NOT been convicted. The way I understand it that plea is around just for the reasons that concern you and to give people a chance. The decision on the case was withheld so you were NOT convicted. Good luck.

 

[brion]

UPDATE on this bull**** !

A few weeks ago I finnaly get to appear in front of the examining board.I thought I had a prayer.
I had earlier talked to the lawyer that spoke in the legal portion of our CCW class
He advised not persueing the matter untill I had the record expunged in Florida,claiming I could have ALL of my firearms taken away due to being(in Michigans eyes) a "felon".
This scared me and left me confused as well...........I have bought several long guns thru dealers,each time having to fill out what is known as 'The Yellow Form' and go thru a background check.Each time I was approved by the feds.I have also purchased quite a few handguns and each time had to go to the Sherriffs office to obtain a 'Handgun Purchase Permit'.
Now Im finnaly in town (not out of state working) at the same time as the hearing for the CCW.I have had to reschedule three times and a week before the hearing,I go in to the sherriffs office to get a permit,and am told "NO".
The office says no more permits until I go before the board for the CCW permit(which by the way,the CCW eliminates the need for the purchase permit)

So...........


At the board Im shot down...........in flames.

I state that Michigan is a "SHALL ISSUE" state and unless they can show where Ive been convicted,they have to issue a permit.
They state the adjudication withheld is the same as a conviction.
I ask for them to show me where this is written that the AdjWithheld is the same.
The prosecuting attny and sherriff both start paging thru law manuals and books while the Captain states plainly that this is common practice.
I ask " Well if this is so common,why are there no mentions of such practices anywhere?I have spent months on the internet and all I can find is where cases have been overturned in favor of the defendent in simmilar cases,but I---------"
Im interupted rudely by the states prosc. attny who goes into the "ARE YOU A LAWYER? HOW LONG HAVE YOU BEEN PRACTICING LAW?!?" speech.
With that the attny slams his books shut and the captain says bluntly"I think we can vote on it now."
Three guesses as to how the vote came out.


One of them mentioned that they werent interested in the copies of Fed Cases that were overturned due to the defendant having been considered a felon after Adjudication Witheld verdicts were used as convictions,saying they were federal cases and this is Michigan...." They have no bearing in this case!"

These people were rude and seemed really insulted when I mentioned the cases and asked 'where in Michigan law was it stated about definitions of conviction'.

Its frustrating to say the least.Im not made of money,but thats what it boils down to. The captain wouldnt say that if I were to get this expunged in Fla(which I can do with the $$ needed) weather it would have any bearing on my elegibility for the CCW.

 

[OtownPR]

Apply in Florida

28 States accept an FLA CC Permit, 2 States including MI require the permit to be a resident permit.

Since your situation was in FLA it'll be harder to NOT get a permit here since it's a shall issue state, they'll be more hard pressed to follow their own law in a situation originating here.

If you have a summer/temperary residence here it would be the way to go.

Bless.