Hello.......Under Texas law, prior to receiving deferred adjudication from the court, you as the defendant were required to enter either a plea of guilty to the charges or a plea of no contest to the charges against you. Either way, the plea you made means that you, as defendant, admitted to the crime charged. (I understand it was a felony of some kind.) So, which state do you want to sue?
Texas has not violated your rights. It fulfilled the bargain of your plea agreement and "there is no record of any felonys". Florida has not violated your rights either, because you indeed are a felon under the terms of your plea. Presumably, you took the deferred adjudiction in Texas so things wouldn't end up worse for you than the terms of your probation, right. So, you got the benefit of the plea. So, which state do you want to sue?
Good luck and God bless you.Ask a similar question
Your question asks whether you can sue the state. Yoiu may have a cause of action but it does NOT appear that the State of Florida would be the appropriate "culprit." It appears that the State investigated the case and appropriately dropped the charges. To be convicted of the charge of Felon in Possession of a Firearm in the State of Florida, there must be a prior FELONY CONVICTION. This prior conviction can be from another state but it must be a conviction or Florida's equivalent. Many deferred prosecution agreements may require some type of plea or contract, but they do not typically result in a conviction unless the party fails to abide by the terms of the agreement. It is the job of the arresting agency to verify that probable cause exists for the arrest before making it. If you have any further questions please call my office at 352 683-9100 and I will point you in the right direction.
Disclaimer: This answer is not meant to be legal advice and does not establish an attorney-client relationship. Any case of this type is governed by strict time limits which could bar your claim if not brought in a timely manner.Ask a similar question