Q: I had felony charges and completed my differed sentence and the court dismissed my charges does that mean Im not felon
Does that mean I'm not a felon?
A: I agree with Mr. Tiernan. You are not a convicted felon, and great job! However, you should be aware that if your deferred sentence was for a crime under the Uniform Controlled Dangerous Substances Act, there can be a lingering impact of your deferred sentence for certain purposes. What it says is that:
"any plea of guilty or nolo contendere or finding of guilt to a violation of the Uniform Controlled Dangerous Substances Act shall constitute a conviction of the offense for the purpose of the Uniform Controlled Dangerous Substances Act or any other criminal statute under which the existence of a prior conviction is relevant for a period of ten (10) years following the completion of any court imposed probationary term[.]" Title 63, Section 2-410.
What that means is that if your deferred sentence was for a felony under the Uniform Controlled Dangerous Substances Act, the State can treat the deferred you received (and completed) as a felony conviction to prosecute you for possessing a firearm as a convicted felon. So, you would not be a convicted felon, but the law would treat you as one for the purpose of possessing a firearm for ten years after you completed your deferred sentence. While I do not agree with the above provision and there may be ways of successfully challenging the law, it is currently the law as written in statute.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.