Author Topic: Charged but not convicted  (Read 11452 times)

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Offline noahp87

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Charged but not convicted
« on: August 14, 2012, 09:40:54 PM »
So back when i was 17 or 18 years old now 25, i was going out with a few friends and we were driving and i got pulled over for speeding and got arrested for having two people out past their curfew which i did not know. So they charged me with contributing but once i went to court the charges were dropped, so will that have a say in getting my CPL and what about speeding tickets, will that play a factor as well?

Offline TheQ

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Charged but not convicted
« Reply #1 on: August 14, 2012, 09:43:18 PM »
Only convictions of certain misdemeanors or felonies can cause you problems.
I Am Not A Lawyer (nor a gunsmith).

Offline noahp87

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Re: Charged but not convicted
« Reply #2 on: August 14, 2012, 09:45:22 PM »
ok, thanks. only asking because im in the middle of getting my CPL just waiting on all the info to be gathered by the Sheriff for the gun board. Should i say i was charged but not convicted or just say "no" when they ask about the misdemeanors and felonies?

Offline Hammurabi

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Re: Charged but not convicted
« Reply #3 on: August 14, 2012, 09:54:36 PM »
So long as the question is whether you've been convicted (and you haven't), the answer is no.

Don't volunteer anything that isn't asked for, and don't fudge the answer in reply to what you think they might want to know.

Offline noahp87

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Re: Charged but not convicted
« Reply #4 on: August 14, 2012, 10:02:49 PM »
thanks guys

Offline TheQ

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Charged but not convicted
« Reply #5 on: August 14, 2012, 10:04:14 PM »
If called before the gun board, you may wish to take a lawyer.
I Am Not A Lawyer (nor a gunsmith).

Offline noahp87

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Re: Charged but not convicted
« Reply #6 on: August 14, 2012, 10:14:55 PM »
Im going to have to go in front of the gun board because im a new applicant so the macomb county clerk says. I dont have the money right now to take a lawyer with me, but if the misdemeanors and felonies only have to do with certain areas and not speeding tickets then i shouldnt have a problem..........I hope.

Offline TheQ

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Re: Charged but not convicted
« Reply #7 on: August 14, 2012, 10:35:43 PM »
Im going to have to go in front of the gun board because im a new applicant so the macomb county clerk says. I dont have the money right now to take a lawyer with me, but if the misdemeanors and felonies only have to do with certain areas and not speeding tickets then i shouldnt have a problem..........I hope.

2 hours of  attorney time could save you in the long run, esp. in Macomb.
I Am Not A Lawyer (nor a gunsmith).

Offline noahp87

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Re: Charged but not convicted
« Reply #8 on: August 14, 2012, 10:43:47 PM »
True, I'll have to see if my friends and family know any lawyers that can help.

Offline TheQ

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Re: Charged but not convicted
« Reply #9 on: August 14, 2012, 10:47:31 PM »
True, I'll have to see if my friends and family know any lawyers that can help.

http://forums.michiganopencarry.org/index.php/topic,1804.0.html
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Offline gryphon

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Re: Charged but not convicted
« Reply #10 on: August 14, 2012, 11:25:19 PM »
I had the Ingham County gun board ask me about something that happened over 30 years ago in another state, even though it didn't apply and didn't prohibit me from obtaining a CPL, so don't lie.  Assume they know everything.  If they catch you lying to them they might use that as grounds for a refusal.

Offline TheQ

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Re: Charged but not convicted
« Reply #11 on: August 14, 2012, 11:26:25 PM »
You MAY not need to answer irrelevant question, which is where a lawyer comes in handy.
I Am Not A Lawyer (nor a gunsmith).

Offline noahp87

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Re: Charged but not convicted
« Reply #12 on: August 14, 2012, 11:32:43 PM »
Yeah, thats what my dad told me. He said to just tell them upfront when they as because they will know everything about you. thanks for the link on attorneys Q!

Offline gryphon

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Re: Charged but not convicted
« Reply #13 on: August 15, 2012, 12:12:03 AM »
You MAY not need to answer irrelevant question, which is where a lawyer comes in handy.
Good point.  My understanding is that you don't have to answer or explain anything not on the application. 

Offline noahp87

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Re: Charged but not convicted
« Reply #14 on: August 15, 2012, 12:42:20 AM »
When i took the CPL class I was reading the misdemeanors and felonies that would prevent you from obtaining the CPL but it didnt say anything about contributing which what i was charged with but the charges were dropped so i was never convicted and it said w/in 7-8 years for a few of the misdemeanors and felonies. So when i go in im just going to tell them straight up when they ask.

Offline CV67PAT

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Re: Charged but not convicted
« Reply #15 on: August 15, 2012, 01:29:42 AM »
I had the Ingham County gun board ask me about something that happened over 30 years ago in another state, even though it didn't apply and didn't prohibit me from obtaining a CPL, so don't lie.  Assume they know everything.  If they catch you lying to them they might use that as grounds for a refusal.

Did you show them your cert again?
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Offline gryphon

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Re: Charged but not convicted
« Reply #16 on: August 15, 2012, 01:50:30 AM »
Did you show them your cert again?
I had to provide a new cert to comply with the new shall issue laws, so yes.  My old one was not sufficient.  I had to take the class again.  I took it from different people.

They never discussed open carry (that I can remember), and I wasn't aware of it being perfectly legal back then.  In the late 90's in my first class (pre-shall issue days) I was told that OC in the city would get you charged with brandishing.

But then we were told a lot of things back then.  I talked with 2A advocates with tables at gun shows who told me that the AGO on out of state carry licenses was gospel and any MI resident carrying on a license from Maine or Florida or elsewhere would be prosecuted and convicted.  But they were always looking for people to challenge it in court.  When shall-issue became law the language was changed and clarified.  It was only later that I learned that no one had actually been convicted of using an out of state license.  At least that is my understanding today.

(Sorry for the extraneous info here, people. Pat is xtalking some stuff from an OCDO thread).
« Last Edit: August 15, 2012, 02:05:54 AM by gryphon »

Offline onnie0047@gmail.com

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Re: Charged but not convicted
« Reply #17 on: August 18, 2012, 07:57:31 AM »
I ALSO had 2 somethings in my past that happened one 20 and one 30 years ago, but I could not remember the exact charges.  I got a copy of my record from the state police, it contained one of the convictions but the other one, which i got from a DNR officer when hunting.  I was also called before the board, which I knew was going to happen.  I put down both incidents on my app, and the Monroe County board was not very concerned about them, although the Deputy for Monroe County did ask me to explain.  But all in all they were not very concerned with something that happened 30 years ago.

I would spend the 20 bucks to get your State Record on convictions, while it may not contain all  your convictions, you will have some idea of what they are going to ask you about.  this non conviction will not be on the records, if it is, you were convicted.  I know one person who though he was not convicted and later found out it WAS on his record. for 20 bucks in my opinion its a good informational tool to have.  Others disagree, but for me it gave me a hand up on information when I went in front of the board

just my opinion
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