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BobB35
01-26-2009, 2:19 PM
There may be a real simple answer to this question. "How are felonies from state to state treated?"

There are a number of things in the US which are felonies because they should be. -Murder, rape, grand theft, armed robbery, etc.
States though have moved beyond common law and have made felonies out of a whole lot of thing that they differ on.

Case in point for gun laws, A lot of things in CA which are Felonies (HDW possession, School zone possession, CCW law, etc.) are perfectly legal in other states.

How is this reconciled? If you were to go to say NV and apply for a job and they asked if you committed a felony would something perfectly legal in NV that was a Felony in CA, be something they could hold against you.

To take the argument Reductio ad absurdum, what if a state made it a felony to wear blue jeans and then started prosecuting people, would other states and the federal government be bound to consider this a "Felony"? If so how is this reconciled?

CA politics is controlled by a group of about 6-8 million odd people from SF and LA. I find it strange that a law created by this small group can create a felon out of a person and prevent them from voting if they move to FA.

Thoughts?

DDT
01-26-2009, 2:25 PM
Pretty simple. You must answer "Yes." I have only ever seen the question asked "Have you ever been CONVICTED of a felony." Asking if you've COMMITTED a felony would be way too much wiggle room.

"Well I was convicted of rape multiple times and those 2 manslaughter convictions but I am totally innocent so I can legally answer NO to the question have you ever COMMITTED a felony."

You have a social contract with the state and you violated that contract so you committed a felony.

bulgron
01-26-2009, 2:30 PM
If you committed a felony in one state, then you are a felon in another state even if what you did is not a crime in that other state. Off the top of my head, I can think of three reasons for this.

The first is that we live in an authoritarian society that believes in punishment, and the authorities don't really care what you're being punished for either. It's enough that you were a bad boy somewhere, and so you must be punished.

Secondly, and sort of in keeping with the first answer, if you were willing to break a law in another state, even a bad law, then that points to a certain type of personality that the authorities don't like. Law breakers are bad people (or so the authorities think) and so if you are a felon in state A, then you must have a felon's mindset and so you should be treated as a felon in state B.

Finally, if you were convicted of a felony and the law was truly reprehensible ("wearing blue jeans is a felony") then you can get your conviction overturned via the courts (again, so the mythology goes). But since you didn't get you conviction overturned, then the law that you violated must not be all that reprehensible after all.

So says the government, anyway.

Liberty1
01-26-2009, 2:37 PM
Marijuana possession less then one ounce (11357b H&S) in Ca. is a ticket or a warning. (Misdemeanor after 1st infraction conviction)

In Texas it's a felony (so I hear).

freakshow10mm
01-26-2009, 2:41 PM
In WI, if you committed a misdemeanor in another state but in WI it would be a felony, you are treated as a felon.

ohsmily
01-26-2009, 3:40 PM
Marijuana possession less then one ounce (11357b H&S) in Ca. is a ticket or a warning. (Misdemeanor after 1st infraction conviction)

In Texas it's a felony (so I hear).

Nope. There is no warning or infraction. It is a misdo. However, it is a misdemeanor that, if you avoid other convictions for the same or related offense for two years, is completely wiped from your record after two years. Not just an "expungement" where it is still there, just not a conviction anymore, but actual destruction of the record and it can't be used against you.

If you get "arrested" for 11357(b), and you have valid ID and don't demand to be taken before a judge immediately, the is a cite and release offense (i.e. you won't get hauled in and booked). They will give you the ticket (it is a misdo ticket) and a notice to appear.


(b) Except as authorized by law, every person who possesses not
more than 28.5 grams of marijuana, other than concentrated cannabis,
is guilty of a misdemeanor and shall be punished by a fine of not
more than one hundred dollars ($100).

Quiet
01-26-2009, 7:48 PM
Marijuana possession less then one ounce (11357b H&S) in Ca. is a ticket or a warning. (Misdemeanor after 1st infraction conviction)

In Texas it's a felony (so I hear).

It's also a felony in NV and AZ.