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Am I a convicted felon if you pleaded no contest and was given withhold adjudication with five years probation?
Wiki User
∙ 15y ago
Yes you are. You have a conviction.
Wiki User
∙ 15y ago
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If arrested for and plead no contest to grand larceny 30 years ago and adjudication of guilt was withheld with probation for 2 years how do you answer 'have you ever been convicted of a felony'?
yes because it's on your record and you want the job so don't lie companies respect people when their upfront and are more willing to give you try if you don't lie on the application so just answer the question according to what is already of fact even though you were not convicted you were given probation so just say yes to cover all the bases so you don't get into any trouble
Does a panda withhold the strength to kill a tiger?
No..A tiger can easily kill a panda..No contest at all.
Is deferred adjudication a conviction?
Deferred adjudication is not considered a conviction in some jurisdictions. Under this process, the individual agrees to fulfill certain requirements set by the court, and upon successful completion, the charges may be dismissed. However, in some cases, the original charges can be brought back if the person fails to meet the conditions set by the court.
If you plead no contest for a Misdemeanor B and are serving probation were you convicted of the crime?
If you plead no contest to a Misdemeanor B and are serving probation, it means that the court has accepted your plea and imposed a sentence, which typically indicates a conviction. While a no contest plea is not an admission of guilt, it is treated as a conviction for sentencing purposes. However, it is recommended to consult with a legal professional for advice specific to your situation.
Is a adjudication withheld case the same as nolleprosequi?
A nolo prossequi basically means that the case is being declined prosecution by the prosecutor. This could be for a variety of reasons, most commonly being that the defendant entered a pretrial intervention program, which would defer prosecution until the program is completed, wherein then the prosecutor would drop the charges. A withholding of adjudication, on the other hand, is where the judge will not adjudicate you guilty, unless you violate the terms of any conditions for which that withholding of adjudication is being granted. Generally this means probation, a fine, or other sanction. However you will have still entered a plea of guilty, no contest, or have been found guilty in a trial. While there would be a declaration of guilt in this case, there would be no official record of it, which will give the defendant an opportunity to have the case sealed if he so qualifies. It will also preserve the civil rights of the defendant once he completes the sanctions that were given to him, provided he has no priors for which he was convicted.
If you were charged with a felony and they drop it to a misdemeanor and you plead no contest is it still being convicted of a felony?
Naturally this varies across jurisdictions, but most of these do not (for reasons of fairness) allow laws to be retroactive. So, the philosophical answer is NO. But of course the choice of which offence the authorities decide to prosecute you for is wide open, and they could charge one with an alternate crime, which did exist at the time of the offence.
Which term applies to this the legislature cannot punish a person without a trial?
Its called bills of attainder. People can be punished without a jury trial. Deferred Adjudication in the state of Texas is one of these instances. This allows a judge to postpone a final conviction with a possible dismissal in the end, but to give the defendant responsibility and punishment of the charge against them. A plea of guilty or no contest must be entered to receive Deferred Adjudication but the judge imposes a "punishment" which consists of probation and some other tasks and/or fines to successfully complete. Upon successful completion, though, the charge is dismissed. The arrest record and court proceedings stay on your criminal record but there is no conviction. A person could get a 10 year probation sentence and never once see a jury. Furthermore if a person is arrested for anything more than a traffic violation while on probation or if they violate any condition of their probation through deferred adjudication, the judge has the right to impose the maximum sentence allowed by the original charge, without the person ever going before a jury.
Where was Peter Ignatius Ciraulo convicted?
Santa Clara County Superior Court. He plead "no contest" to the charges filed against him.
What happens to most defendants whose charges are not dropped. they go to trial or they plead guilty?
You have basically answered your own question, however there are other options like deferred adjudication, and no contest. A no contest plea means that you are not pleading guilty but you are not contesting the charges and you acknowledge that the state has sufficient evidence for a conviction.
What was Vice President Spiro Agnew eventually convicted of?
Spiro Agnew was eventually convicted of tax evasion for failing to report income received during his time as Governor of Maryland and as Vice President. In 1973, he resigned from the vice presidency and pleaded no contest to the charges.
Can you secure a liquor license in California if you received a DUI but are no longer on probation?
If you received a DUI but are no longer on probation or parole and you have been off probation or parole for a reasonable period of time, you may qualify to be a licensee on an alcoholic beverage license, as long as you are not on probation or parole for any other offenses, or have not been convicted of or plead guilty or no contest to any crime involving moral turpitude (theft, fraud, drugs, pornography, etc.). Before bidding on any alcoholic beverage license, you should check with your Department of Alcoholic Beverage Control's District Office to make sure you qualify to be an alcoholic beverage license licensee and/or that you have been off probation or parole long enough to qualify. Under certain circumstances, the commission of a state or federal crime may prevent you from ever being a licensee on an alcoholic beverage license whether or not you have completed probation or parole.
Can i own a hand gun in Florida if not convicted of a non violent felony in Florida?
Depends on what you have been arrested for. If you are a convicted felon or have been convicted of a violent misdemeanor or have a restraining order then no. If you have a misdemeanor such as DUI or public intoxication then yes
