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Old July 8, 2012, 02:07 PM   #5
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
Well, I'm one of those "I'm a lawyer, but not your lawyer" types. What's more, I'm not a Florida lawyer. With those caveats, I think that Willie, AB and Scott have pretty well nailed it. If adjudication is withheld, then the DV charge is pending until the end of some specified period. At the end of that period, assuming the defendant has stayed out of trouble, I would expect the charge to be dismissed. In that case, the charge never became a conviction, so it would not trigger the MCDV prohibition under federal law.

I don't really know what FL law says on the issue, but I'd take a careful look at whether the court holding jurisdiction has entered any sort of restraining order, which may prohibit the defendant from possessing firearms during that "pending" period. Just a cursory look at FL law turned up this:
Quote:
(1) A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, and that has been issued under s. 741.30. Fla. Stat. Ann. ยง 790.233 (West)
Note that the above has been "red flagged" as having been amended, but it at least tells me that there's something out there that warrants investigation.
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