What about deferred adjudication and probation is complete and the case was dismissed? Does federal law still consider it a conviction? should someone in this situation check yes or no on the ATF 4473 section have you ever been convicted of a crime of domestic violence?
Deferred judgments or prosecutions should generally be considered and treated as convictions until probation is completed. However, once completed and you have a dismissal order, then it is not a conviction.
Why won't the FBI’s National Instant Criminal Background Check System Section (NICS) department give me my gun rights back since a judge already did a Set Aside for my misdemeanor domestic violence charge from back in 2003?? I filed a Firearm-Related Denial Challenge with the FBI (NICS) & they won't fix my record even though I got that misdemeanor charge Set Aside already. And I DON'T have money for a lawyer. I'm on FOOD STAMPS !!
It's just too easy for people too lie . Just to get someone arrested for this.. it happened to me. My girlfriend hurt herself by falling while drunk and holding a computer the computer landed on her amd split her lip.. naibor so that she had blood on her face and called cops. , cops showed up asked her what happened . She tells the truth. Then they pull me out of the room. So I sit outside. Waiting. Well the window was open I hear the cops keep asking did he hit you. She told them the truth again about falling. Then they come out and arrest me. Even tho she told the truth.. then I get put in jail for 3 months with no bail. Then get to court to find they tampered with evidence by smearing the blood all over her face befor taking a picture of her... then at court. There threatening me with 2-3 years. So on my mons bday they give me another court date. And offer 1 year probation 6 months suspended. And I had just did 3 months with no bail and already lost my job my apartment and the car I was financing. I plead guilty to something I did not do under duress
I'm sorry to hear that situation occurred. Unfortunately the criminal justice system has situations where alleged victims/complaining parties may falsely report or heavily exaggerate an incident. There should be severe consequences for this type of behavior but unfortunately it does not always get detected. However, retaining an experienced attorney to represent interests in that scenario is very important. Most competent criminal defense attorneys will be able to highlight a lack of corroboration which is often fatal to the State's case. Regardless, I do understand that there are situations where people become victims of the criminal justice system either through unfortunate circumstances or a dishonest complainant. If you would like to discuss your situation further, I would be more than happy to chat. Please feel free to contact me on my website at www.jeremyhuss.com or at 602-643-5595.
Exactly what happened to… and talking about taking a plea under duress?? It was either plea guilty to the bogus charges, get out of jail in two days and get a year’s probation, or face trial and if found guilty be looking at 5 to 7 in prison!
Will people with misdemeanor DV convictions ever get there gun rights back? It's crazy for people with a charge that didn't involve violence to not have gun rights....
Only certain misdemeanors that are defined as "qualifying offenses" fall under the federal law. A qualifying offense is any offense where force or attempted force is used. So the qualifying offenses under the federal law do require an element of violence. Also, to explore some possibilities please watch my video on Conviction Set-Asides. Or if you have any specific questions feel free to reach out to me.
Domestic Violence is not overlooked like marijuana has been recently. Unlike marijuana, domestic violence offenses are not being de-criminalized in the states. Rather, these offenses are increasingly taken more seriously. The penalty would depend on a number of factors the federal court takes into consideration. If you would like to chit chat about it further, feel free to call my office in Tempe at 602-643-5595
If the conviction is for a state offense then a conviction set-aside is a possible avenue. I have a video on Conviction Set-Asides that discuss the process and eligibility requirements. Or if you would like to discuss the options please give me a call.
What about deferred adjudication and probation is complete and the case was dismissed? Does federal law still consider it a conviction? should someone in this situation check yes or no on the ATF 4473 section have you ever been convicted of a crime of domestic violence?
Deferred judgments or prosecutions should generally be considered and treated as convictions until probation is completed. However, once completed and you have a dismissal order, then it is not a conviction.
@@jeremyhuss1421 thank you makes sense
@@greaterthings5652 Anytime
Why won't the FBI’s National Instant Criminal Background Check System Section (NICS) department give me my gun rights back since a judge already did a Set Aside for my misdemeanor domestic violence charge from back in 2003?? I filed a Firearm-Related Denial Challenge with the FBI (NICS) & they won't fix my record even though I got that misdemeanor charge Set Aside already. And I DON'T have money for a lawyer. I'm on FOOD STAMPS !!
It's just too easy for people too lie . Just to get someone arrested for this.. it happened to me. My girlfriend hurt herself by falling while drunk and holding a computer the computer landed on her amd split her lip.. naibor so that she had blood on her face and called cops. , cops showed up asked her what happened . She tells the truth. Then they pull me out of the room. So I sit outside. Waiting. Well the window was open I hear the cops keep asking did he hit you. She told them the truth again about falling. Then they come out and arrest me. Even tho she told the truth.. then I get put in jail for 3 months with no bail. Then get to court to find they tampered with evidence by smearing the blood all over her face befor taking a picture of her... then at court. There threatening me with 2-3 years. So on my mons bday they give me another court date. And offer 1 year probation 6 months suspended. And I had just did 3 months with no bail and already lost my job my apartment and the car I was financing. I plead guilty to something I did not do under duress
I'm sorry to hear that situation occurred. Unfortunately the criminal justice system has situations where alleged victims/complaining parties may falsely report or heavily exaggerate an incident. There should be severe consequences for this type of behavior but unfortunately it does not always get detected. However, retaining an experienced attorney to represent interests in that scenario is very important. Most competent criminal defense attorneys will be able to highlight a lack of corroboration which is often fatal to the State's case. Regardless, I do understand that there are situations where people become victims of the criminal justice system either through unfortunate circumstances or a dishonest complainant. If you would like to discuss your situation further, I would be more than happy to chat. Please feel free to contact me on my website at www.jeremyhuss.com or at 602-643-5595.
Exactly what happened to… and talking about taking a plea under duress?? It was either plea guilty to the bogus charges, get out of jail in two days and get a year’s probation, or face trial and if found guilty be looking at 5 to 7 in prison!
@@davemazza791thata what they did to me,charged me terroristic threat fam household,has no idea a "threat"would ban me
Will people with misdemeanor DV convictions ever get there gun rights back? It's crazy for people with a charge that didn't involve violence to not have gun rights....
Only certain misdemeanors that are defined as "qualifying offenses" fall under the federal law. A qualifying offense is any offense where force or attempted force is used. So the qualifying offenses under the federal law do require an element of violence.
Also, to explore some possibilities please watch my video on Conviction Set-Asides. Or if you have any specific questions feel free to reach out to me.
@@husslawpllcwhat about terroristic threat fam/household?
So what’s the penalty if DV misdemeanors possess guns after their release from probation. Will the feds overlook it like marijuana?
Domestic Violence is not overlooked like marijuana has been recently. Unlike marijuana, domestic violence offenses are not being de-criminalized in the states. Rather, these offenses are increasingly taken more seriously. The penalty would depend on a number of factors the federal court takes into consideration. If you would like to chit chat about it further, feel free to call my office in Tempe at 602-643-5595
So how to you get your gun rights restored? And is it restored on both state and federal level?
If the conviction is for a state offense then a conviction set-aside is a possible avenue. I have a video on Conviction Set-Asides that discuss the process and eligibility requirements. Or if you would like to discuss the options please give me a call.
@@husslawpllc I've been told that I need to get it set aside and get my gun rights restored both. But I will watch video and call thank you
@@lockdown10 Absolutely. Let me know if you want to chat about both the set-aside and restoration of gun and civil rights.
If your case did involve violence is it safe to say your 2nd amendment is gone forever?
Not necessarily. You could look into an expungement but it would have to be done on both the State and Federal Level.